HomeMy WebLinkAbout2022/03/07 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
March 7, 2022
In the spirit of public information and inclusion,the attached is a draft of information for
Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion, and is not all inclusive of
what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
1854
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Kevin Hanson
Department: Sheriff's Office Ext: 636
Briefing Date: March 7, 2022
Previous Briefing Dates: None
If this is a follow-up briefing, please provide only new information
Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources
® Legal ❑ Information Technology ❑ Other— please explain
Item:
The Sheriff's Office Corrections Division desires to contract with Bowers Dental Group to perform
dental services for inmates, but the shared compensation required by RCW 70.48 doesn't reflect an
acceptable rate for their services.
Executive Summary: (If applicable, please include available options and potential solutions)
The jail has an obligation to provide necessary dental services to inmates and state law RCW 70.48
stipulates providers and the jail are to share the cost of services at 50% each unless there is a
contract signed by the county commissioners to acquire services at a higher rate.
In order to meet all legal obligations and ensure provider rates can be paid, a contract for services is
necessary.
Budget Impact:
Increase of 50% for dental costs. Amount indeterminate but the current estimation is that the SO will
have the budget capacity to cover these costs for 2022.
Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.)
N/A
Recommended/Requested Action:
Put on March 15 Action Agenda for approval.
Attachments:
Bowers Dental Draft contract
MASON SHERIFF SHERIFF'S OFFICE
PROFESSIONAL SERVICES CONTRACT
CONTRACT NUMBER
THIS CONTRACT is made and entered into by and between the Mason County Sheriff's Office,
hereinafter referred to as "Sheriff's Office or SO" and Bowers Dental Group hereinafter referred
to as "CONTRACTOR".
Contracted Entity Name: Bowers Dental Group
Address: 1525 OI m is Highway North
City, State, Zip Code: Shelton, WA 98584
Phone Number: 360-426-9711
Primary Contact Name and Title: Melissa Upson
Primary Contact email address: bowersdental rou mail.com
Vendor's Washington State UBI:
Vendor's Federal EIN:
Vendor's DUNS:
Total Contract Value: Indeterminate
Contract Term: One Year
SHERIFF Contact: Kevin Hanson
SHERIFF Contact email address: khanson masoncountvwa. ov
SHERIFF Contact Phone Number: 360-427-9670 x 369
Exhibits incorporated into this Exhibit A: Scope of Work
contract by reference: Exhibit B: Insurance Requirements
1. PURPOSE
The purpose of this contract is to provide dental services to Mason County Jail inmates.
2. DURATION OF CONTRACT
The term of this contract shall begin on January 1, 2022 and shall terminate December 31,
2022. The terms and conditions of this contract may be extended upon mutual written
amendment of the SO and the CONTRACTOR subject to the availability of funds.
3. SCOPE OF SERVICES
a. The CONTRACTOR will provide services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as identified by the Sheriff's
Office in Appendix A.
b. All written reports required under this contract must be delivered to the Contract
Manager or designee, in accordance with the schedule set forth in Appendix A.
c. No material, labor, or facilities will be furnished by the Sheriff's Office, unless otherwise
provided for in the CONTRACT.
4. TERM
Services provided by the CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of the CONTRACTOR and are not compensable under this
CONTRACT unless both parties hereto agree to such provision in writing. The term of this
CONTRACT may be extended by mutual consent of the parties; provided the CONTRACT is in
writing and signed by both parties.
5. COMPENSATION
The Sheriff's Office agrees to pay the CONTRACTOR according to Appendix A or amendment
to this agreement.
6. GENERAL CONDITIONS
a. Independent Contractor:
i. CONTRACTOR'S services shall be furnished by the CONTRACTOR as an
independent contractor, and nothing herein contained shall be construed to create a
relationship of employer-employee. All payments made hereunder, and all services
performed shall be made and performed pursuant to this CONTRACT by the
CONTRACTOR as an independent contractor.
ii. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is
specified in Exhibit A and the CONTRACTOR is not entitled to any benefits including,
but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other
insurance benefits, or any other rights or privileges afforded to employees of the
Sheriff's Office.
iii. The CONTRACTOR represents that he/she/it maintains a separate place of
business, serves clients other than the Sheriff's Office, will report all income and
expense accrued under this CONTRACT to the Internal Revenue Service, and has a
tax account with the State of Washington Department of Revenue for payment of all
Sales and Use, and Business and Occupation taxes collected by the State of
Washington.
iv. CONTRACTOR will defend, indemnify, and hold harmless the Sheriff's Office, its
officers, agents, or employees from any loss or expense, including, but not limited to,
settlements, judgements, setoffs, attorney fees, or costs incurred by reason of claims
or demands because of breach of the provisions of this paragraph.
b. Taxes
CONTRACTOR understands and acknowledges that the Sheriff's Office will not withhold
federal or state income taxes. Where required by state or federal law, the
CONTRACTOR authorizes Mason County to withhold for any taxes other than income
taxes, as required. All compensation received by the CONTRACTOR will be reported to
the Internal Revenue Service at the end of the calendar year in accordance with the
applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the
necessary estimated tax payments throughout the year, if any, and the CONTRACTOR
is solely liable for any tax obligation arising from the CONTRACTOR'S performance of
this CONTRACT. The CONTRATOR herby agrees to indemnify Mason County and its
offices and agencies against any demand to pay taxes arising from the
CONTRACTOR'S failure to pay taxes on compensation earned pursuant to this
CONTRACT.
Mason County will pay sales and use taxes imposed on goods or services acquired
hereunder as required by law. The CONTRACTOR must pay all other taxes, including,
but not limited to, business and occupation tax, taxes based on the CONTRACTOR'S
gross or net income, or personal property to which the Sheriff's Office does not hold title.
The Sheriff's Office is exempt from federal excise tax.
c. No Guarantee of Employment
The performance of all or part of this CONTRACT by the CONTRACTOR shall not
operate to vest any employment rights whatsoever and shall not be deemed to
guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or
any sub-contractor, or any employee of any sub-contractor by the Sheriff's Office at the
present time or in the future.
d. Accounting and Payment of CONTRACTOR services
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be
as set forth in Exhibit A. Where Exhibit A requires payments by the Sheriff's Office,
payment shall be based on written claims supported, unless otherwise provided for in
Exhibit A, by documentation of units of work actually performed and amounts earned,
including, where appropriate, the actual number of days worked each month, total
number of hours for the month, and the total dollar payment requested, so as to comply
with municipal auditing requirements. Acceptable invoices will be processed within 30
days of receipt.
Unless specifically stated in Exhibit A or approved in writing in advance by the official
executing this CONTRACT for the Sheriff or his/her/its designee (hereinafter referred to
as the Contract Administrator), the Sheriff's Office will not reimburse the CONTRACTOR
for any costs or expenses incurred by the CONTRACTOR in the performance of this
CONTRACT. Where required, the Sheriff's Office shall, upon receipt of appropriate
documentation, compensate the CONTRACTOR, no more often than monthly, in
accordance with the Sheriff's Office customary procedures, pursuant to the fee schedule
set forth in Exhibit A.
e. Withholding Payment
In the event the CONTRACTOR has failed to perform any obligation under this
CONTRACT within the times set forth in this CONTRACT, then the Sheriff's Office may,
upon written notice, withhold from amounts otherwise due and payable to the
CONTRACTOR, without penalty, until such failure to perform is cured or otherwise
adjudicated. Withholding under this clause shall not be deemed a breach entitling the
CONTRACTOR to termination or damages, provided the Sheriff's Office promptly gives
notice in writing to the CONTRACTOR of the nature of the default or failure to perform,
and in no case more than ten days after it determines to withhold amounts otherwise
due. A writ of the Contract Administrator set forth in a notice to the CONTRACTOR of
the action required and/or the amount required to cure any alleged failure to perform
shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the
times and in strict accord with the provisions for the Disputes clause of this CONTRACT.
The Sheriff's Office may act in accordance with any determination of the Contract
Administrator which has become conclusive under this clause, without prejudice to any
other remedy under the CONTRACT, to take all or any of the following actions; 1) cure
any failure or default, 2) to pay any amount so required to be paid and to charge the
same to the account of the CONTRACTOR, 3) to set off any amount so paid or incurred
from amounts due or to become due to the CONTRACTOR. In the event the
CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or
damages shall accrue to the CONTRACTOR by reason of good faith withholding by the
Sheriff's Office under this clause.
f. Labor Standards
CONTRACTOR agrees to comply with all applicable state and federal requirements,
including, but not limited to, those pertaining to payment of wages and working
conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans
with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and
Safety Standards Act providing for weekly payment of prevailing wages, minimum
overtime pay, and providing that no laborer or mechanic shall be required to work in
surroundings or under conditions with are unsanitary, hazardous, or dangerous to heath
and safety as determined by regulations promulgated by the Federal Secretary of Labor
and/or the Sate of Washington.
g. Assignment and Sub-contracting
The performance of all activities contemplated by the CONTRACT shall be
accomplished by the CONTRACTOR. No portion of this CONTRACT may be assigned
or subcontracted to any other individual, firm, or entity without the express and prior
written approval of the Sheriff's Office.
h. Conflict of Interest
If, at any time, prior to the commencement of, or during the term of this CONTRACT, the
CONTRACTOR or any of its employees involved in the performance of this CONTRACT
shall have or develop in interest in the subject matter of this CONTRACT that is
potentially in conflict with the Sheriff's Office interest. If this occurs, then the
CONTRACTOR shall immediately notify the Sheriff's Office of the same. The notification
of the Sheriff's Office shall be made with sufficient specificity to enable the Sheriff's
Office to make an informed judgement as to whether or not the Sheriff's Office interest
may be compromised in any manner by the existence of the conflict, actual or potential.
Thereafter, the Sheriff's Office may require the CONTRACTOR to take reasonable steps
to remove the conflict or interest. The Sheriff's Office may also terminate this
CONTRACT according to the provisions herein for termination.
i. Non-Discrimination in Employment
The Sheriff's Office policy is to provide equal opportunity in all terms, conditions, and
privileges of employment for all qualified applicants and employees without regard to
race, color, creed, religion, national origin, sex, sexual orientation, age, marital status,
disability, or veteran status. The CONTRACTOR shall comply with all laws prohibiting
discrimination against any employee or applicant for employment on the grounds of
race, color, creed, religion, national origin, sex, sexual orientation, age, marital status,
disability, or veteran status, except where such constitutes a bona fide occupational
qualification.
Furthermore, in those cases in which the CONTRACTOR is governed by such laws, the
CONTRACTOR shall take affirmative action to ensure that applicants are employed, and
treated during employment, without regard to race, color, creed, religion, national origin,
sex, sexual orientation, age, marital status, disability, or veteran status, except where
such constitutes a bona fide occupational qualification. Such action shall include, but not
be limited to, advertising, hiring, promotions, layoffs, or terminations, rate of pay or other
forms of compensation benefits, selection for training including apprenticeships, and
participation in recreational and educational activities. In all solicitations or
advertisements for employees placed by them or on their behalf, the CONTRACTOR
shall state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
The foregoing shall also be binding upon any subcontractor, provided the foregoing
provision shall not apply to contracts or sub-contracts for standard commercial supplies
or raw materials, or to sole proprietorships with no employees.
j. Non-discrimination in Client Services
The CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion,
national origin, sex, sexual orientation, age, marital status, disability, or veteran status;
or deny an individual or business any service or benefits under this CONTRACT; or
subject an individual or business to segregation or separate treatment in any manner
related to his/her/its receipt of any service or services or other benefits provided under
this CONTRACT; or deny an individual or business an opportunity to participate in any
program provided by this CONTRACT.
k. Waiver of Non-Competition
The CONTRACTOR irrevocably waives any existing rights which may have, by contract
or otherwise, to require another person or corporation to refrain from submitting a
proposal to or performing work or providing supplies to the Sheriff's Office, and the
CONTRACTOR further promises that it will not in the future, directly or indirectly, induce
or solicit any person or corporation to refrain from submitting a bid or proposal to or from
performing work or providing supplies to the Sheriff's Office.
I. Confidentiality
The CONTRACTOR, its employees, sub-contractors, and their employees shall maintain
the confidentiality of all information provided by the Sheriff's Office or acquired by the
CONTRACTOR in performance of this CONTRACT, except upon the prior written
consent of the Sheriff's Office or an order entered by a court after having acquired
jurisdiction over the Sheriff's Office. The CONTRACTOR shall immediately give to the
Sheriff's Office notice of any judicial proceeding seeking disclosure or such information.
The CONTRACTOR shall indemnify and hold harmless the Sheriff's Office, its officials,
agents, or employees from all loss or expense, including, but not limited to, settlements,
judgements, setoffs, attorney fees, and costs resulting from the CONTRACTOR'S
breach of this provision.
m. Right to Review
This CONTRACT is subject to review by any federal, state, or Sheriff's Office auditor.
The Sheriff's Office or its designee shall have the right to review and monitor the
financial and service components of this program by whatever means are deemed
expedient by the Contract Administrator or by the Washington State Auditor's Office.
Such review may occur with or without notice and may include, but is not limited to, on-
site inspection by Sheriff's Office agents or employees. Inspection of all records or other
materials which the CUNTY deems pertinent to the CONTRACT and its performance,
and any and all communications with or evaluations by service recipients under this
CONTRACT. The CONTRACTOR shall preserve and maintain all financial records and
records relating to the performance of work under this CONTRACT for six years after
CONTRACT termination, and shall make them available for such review, within Mason
Count, State of Washington, upon request. The CONTRACTOR also agrees to notify the
Contract Administrator in advance of any inspections, audits, or program review by any
individual, agency, or governmental unit whose purpose is to review the services
provided within the terms of this CONTRACT. If no advance notice is given to the
CONTRACTOR, then the CONTRACTOR agrees to notify the Contract Administrator as
soon as practical.
n. Insurance Requirements
At a minimum, the CONTRACTOR shall provide insurance that meets or exceeds the
requirements detailed in Exhibit B, Insurance Requirements.
i. Insurance as a Condition of Payment:
Payments due to the CONTRACTOR under this CONTRACT are expressly
conditioned upon the CONTRACTOR'S strict compliance with all insurance
requirements under this CONTRACT. Payment to CONTRACTOR shall be
suspended in the event of non-compliance. Upon receipt of evidence of full
compliance, payments not otherwise subject to withholding or setoff will be released
to the CONTRACTOR.
ii. Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against the
SHERIFF, its officers, agents, and employees, the CONTRACTOR expressly waives
its immunity under Title 51 of the Revised Code of Washington, the Industrial
Insurance Act, for injuries to its employees and agrees that the obligations to
indemnify, defend and hold harmless provided in this CONTRACT extend to any
claim brought by or on behalf of any employee of the CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
o. CONTRACTOR Commitments, Warranties and Representations
Any written commitment received from the CONTRACTOR concerning this CONTRACT
shall be binding upon the CONTRACTOR, unless otherwise specifically provided herein
with reference to this paragraph. Failure of the CONTRACTOR to fulfill such a
commitment shall render the CONTRACTOR liable for damages to the Sheriff's Office. A
commitment includes, but is not limited to, any representation made prior to execution of
this CONTRACT, whether or not incorporated elsewhere herein by reference, as to
performance of services or equipment, prices or options for future acquisition to remain
in effect for a fixed period, or warranties.
p. Defense and Indemnity Contract
i. Indemnification by CONTRACTOR.
To the fullest extent permitted by law, the CONTRACTOR agrees to indemnify,
defend, and hold Mason County, its departments, elected and appointed officials,
employees, agents, and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to, court costs, attorney
fees, and alternative dispute resolution costs, for any personal injury, for any bodily
injury, sickness, disease or death and for any damage to or destruction of any
property (including the loss of use resulting therefrom which:
A) are caused in whole or in part by any act or omission, negligent or otherwise, of
the CONTRACTOR, its employees, agents, or volunteers or CONTRACTOR'S
subcontractors and their employees, agents, or volunteers; or
B) are directly or indirectly arising out of, resulting form, or in connection with
performance of this CONTRACT;
C) are based upon the CONTRACTOR'S use of, presence upon or proximity to the
property of the Sheriff's Office.
This indemnification obligation of the CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss, or expense is caused by the sole
negligence of the Sheriff's Office. This indemnification obligation of the
CONTRACTOR shall not be limited in any way by the Washington State Industrial
Insurance Act, RCW Title 51, or by application of any other workmen's compensation
act, disability benefit act, or other employee benefit act, and the CONTRACTOR
herby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to the
SHERIFF to enter into this CONTRACT, are reflected in the CONTRACTOR'S
compensation, and have been mutually negotiated by the parties.
ii. Participation by the Sheriff's Office — No waiver. The Sheriff's Office reserves the
right, but not the obligation, to participate in the defense of any claim, damages,
losses, ore expenses and such participation shall not constitute a waiver of the
CONTRACTOR'S indemnity obligations under this CONTRACT.
iii. Survival of the CONTRACTOR'S Indemnity Obligations. The CONTRACTOR agrees
to all CONTRACTOR'S indemnity obligations shall survive the completion,
expiration, or termination of this CONTRACT.
iv. Indemnity by Sub-contractors. In the event the CONTRACTOR enters into sub-
contracts to the extent allowed under this CONTRACT, CONTRACTOR'S sub-
contractors shall indemnify the Sheriff's Office on a basis equal to or exceeding
CONTRACTOR'S indemnity obligations to the Sheriff's Office.
q. Compliance with applicable Laws, Rules, and Regulations
This CONTRACT shall be subject to all laws, rules, and regulations of the United States
of America, the State of Washington, political subdivisions of the State of Washington
and Mason County Sheriff's Office. The CONTRACTOR also agrees to comply with
applicable federal, state, Sheriff's Office or municipal standards for licensing,
certification, and operation of facilities and programs, and accreditation and licensing of
individuals.
r. Notice
Except as set forth elsewhere in the CONTRACT, for all purposes under this
CONTRACT, except service of process, notice shall be given by the CONTRACTOR to
the Sheriff's Office Contract Administrator under this CONTRACT. Notices and other
communication may be conducted via email, U.S. mail, fax, hand delivery, or other
generally accepted manner including delivery services.
s. Modifications
Either party may request changes to this CONTRACT. Any and al agreed modifications,
to be valid and binding upon either party, shall be in writing and signed by both parties.
t. Termination
i. For default
If the CONTRACTOR defaults by failing to perform any of the obligations of the
CONTRACT or becomes insolvent or is declared bankrupt or commits any act of
bankruptcy or insolvency or makes an assignment for the benefit of creditors, the
Sheriff's Office may, by depositing written notice to CONTRACTOR in the U.S. mail,
terminate the CONTRACT, and at the Sheriff's Office option, obtain performance of
the work elsewhere. If the CONTRACT is terminated for default, the CONTRACTOR
shall not be entitled to receive any further payments under the CONTRACT until all
work called for has been fully performed. Any extra costs or damage to the Sheriff's
Office resulting from such default(s) shall be deducted from any money due or
coming due to the CONTRACTOR. The CONTRACTOR shall bear any extra
expenses incurred by the Sheriff's Office in completing the work, including all
increased costs for completing the work, and all damage sustained, or which may be
sustained by the Sheriff's Office by reason of such default.
If a notice of termination for default has been issued and it is later determined for any
reason that the CONTRACTOR was not in default, the rights and obligations of the
parties shall remain the same as if the notice of termination had been issued
pursuant to the Termination for Public Convenience paragraph hereof.
ii. For Public Convenience
The Sheriff's Office may terminate this CONTRACT in whole or in part whenever the
Sheriff's Office determines, in its sole discretion that such termination is in the
interests of the Sheriff's Office. Whenever the CONTRACT is terminated in
accordance with this paragraph, the CONTRACTOR shall be entitled to payment for
actual work performed in compliance with Exhibit A— Scope of Services. An
equitable adjustment to the CONTRACT price for partially completed items of work
will be made, but such adjustment shall not include provision for loss of anticipated
profit on deleted or uncompleted work. Termination of this CONTRACT by the
Sheriff's Office at any time during the term, whether for default or convenience, shall
not constitute breach of CONTRACT by the Sheriff's Office.
iii. Termination for reduced funding
The Sheriff's Office may terminate this CONTRACT in whole or in part should the
Sheriff's Office determine, in its sole discretion that such termination is necessary
due to a decrease in available project funding including state and/or federal grants.
Whenever the CONTRACT is terminated in accordance with this paragraph, the
CONTRACTOR shall be entitled to payment for actual work performed in compliance
with Exhibit A—Scope of Services.
u. Disputes
i. Differences between the CONTRACTOR and the Sheriff's Office, arising under and
by virtue of the AGREEMENT shall be brought to the attention of the Sheriff's Office
at the earliest possible time in order that such matters may be settled, or other
appropriate action promptly taken. For objections that are not made in the manner
specified and within the time limits stated, the records, orders, rulings, instructions,
and decisions of the Contract Manager shall be final and conclusive.
ii. The CONTRACTOR shall not be entitled to additional compensation which otherwise
may be payable, or to extension of time for (a) any act by the Contract Manager of
the Sheriff's Office, or (b) the happening of any event or occurrence, unless the
CONTRACTOR has given the Sheriff's Office a written Notice of Potential Claim
within ten days of the commencement of the act, failure, or event giving rise to the
claim, and before final payment by the Sheriff's Office. The written Notice of Potential
Claim shall set forth the reasons for which the CONTRACTOR believes additional
compensation or extension, or time is due, the nature of the cost involved, and
insofar as possible, the amount of the potential claim. The CONTRACTOR shall
keep full and complete daily records of the work performed, labor and material used,
and all costs and additional time claimed to be additional.
iii. The CONTRACTOR shall not be entitled to claim any such additional compensation,
or extension of time, unless within thirty days of the accomplishment of the portion of
the work from which the claim arose, and before final payment by the Sheriff's Office,
the CONTRACTOR has given the Sheriff's Office a detailed written statement of
each element of cost or other compensation requested and of all elements of
additional time required, and copies of any supporting documents evidencing the
amount or the extension of time claimed to be due.
v. Arbitration
Other than claims for injunctive relief brought by a party hereto (which may be brought
either in court or pursuant to this arbitration provision), and consistent with the provisions
hereinabove, any claim, dispute or controversy between the parties under, arising out of,
or related to the CONTRACT or otherwise, including issues of specific performance,
shall be determined by arbitration is Shelton, Washington, under the applicable
American Arbitration Association (AAA) rules in effect on the date hereof, as modified by
this CONTRACT. There will be one arbitrator selected by the parties within ten days of
the arbitration demand, or if not, by the AAA or any other group having similar
credentials. Any issue about whether a claim is covered by this CONTRACT shall be
determined by the arbitrator. The arbitrator shall apply substantive law and may award
injunctive relief, equitable relief (including specific performance), or any other remedy
available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages.
The decision of the arbitrator shall be final and binding and an order confirming the
award for judgment upon the award may be entered in any court having jurisdiction. The
parties agree that the decision of the arbitrator shall be the sole and exclusive remedy
between them regarding any dispute presented or pled before the arbitrator. At the
request of either party made not later than forty-five days after the arbitration demand,
the parties agree to submit the dispute to nonbinding mediation, which shall not delay
the arbitration hearing date; provided, that either party may decline to mediate and
proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be
brought within six years after the initial occurrence giving rise to the claim, dispute, or
issue for which arbitration is commenced, regardless of the date of discovery or whether
the claim, dispute, or issue was continuing in nature. Claims, disputes, or issues arising
more than six years prior to a written request or demand for arbitration issued under this
AGREEMENT are not subject to arbitration.
w. Venue and Choice of Law
In the event that litigation should arise concerning the construction or interpretation of
any of the terms of this CONTRACT, the venue of such action of litigation shall be in the
courts of the State of Washington and Mason County. Unless otherwise specified herein,
this CONTRACT shall be governed by the laws of Mason County and the State of
Washington.
x. Severability
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition, or application.
To this end, the terms and conditions of this CONTRACT are declared severable.
y. Waiver
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of
any prior or subsequent breach. No term or condition of this CONTRACT shall be held to
be waived, modified, or deleted except by an instrument, in writing, signed by the parties
hereto. The failure of the Sheriff's Office to insist upon strict performance of any of the
covenants of this CONTRACT, or to exercise any option herein conferred in any one or
more instances, shall not be construed to be a waiver ore relinquishment of any such, or
any other covenant or contracts, but the same shall be and remain in full force and
effect.
z. Force Majeure:
CONTRACTOR is not liable for any failure to perform due to causes beyond its
reasonable control including, but not limited to, acts of God, acts of civil authorities, acts
of military authorities, riots, embargoes, acts of nature and natural disasters, and other
acts which may be due to unforeseen circumstances.
aa. HIPAA Compliance
i. Definitions:
A) CONTRACTOR has the same meaning as the term "Business Associate" in 45
CFR 160.103. Any reference to CONTRACTOR in this CONTRACT includes
employees, agents, officers, sub-contractors, third party contractors, volunteers,
or directors.
B) "Business Associate Agreement" means this HIPAA Compliance section of the
CONTRACT and includes the Business Associate provisions required by the
U.S. Department of Health and Human Services, Office for Civil Rights.
C) "Breach" means the acquisition, access, use, or disclosure of Protected Health
Information in a manner not permitted under the HIPAA Privacy Rule which
comprises the security or privacy of the Protected Health Information, with the
exclusions and exceptions listed in 45 CFR 164.402.
D) "Covered Entity" means Bowers Dental Group, a Covered Entity as defined in 45
CFR 160.103, in its conduct of covered functions by its health care components.
E) "Designated Record Set' means a group of records maintained by or for a
Covered Entity, that is: the medical and billing records about individuals
maintained by or for a covered health care provider; the enrollment, payment,
claims adjudication, and case or medical management record systems
maintained by or for a health plan; or Used in whole or in part by or for the
Covered Entity to make decisions about Individuals.
F) "Electronic Protected Health Information" (EPHI) means Protected Health
Information that is transmitted by electronic media or maintained in any medium
described in the definition of electronic media at 45 CFR 16.103.
G) "HIPAK means the Health Insurance Portability and Accountability Act of 1996,
Pub. L. 104-191, as modified by the American Recovery and Reinvestment Act of
2009 ("ARRA"), Sec. 13400-13424. H.R. 1 (2009) (HITECH Act)
H) "HIPAA Rules" means the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Pars 160 and Part 164.
I) "Individual(s)" means the person(s) who is the subject of PHI and includes a
person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).
J) "Minimum Necessary" means the least amount of PHI necessary to accomplish
the purpose for which the PHI is needed.
K) "Protected Health Information (PHI)" means individually identifiable health
information created, received, maintained, or transmitted by Business Associate
on behalf of a health care component of the Covered Entity that relates to the
provision of health care to an Individual; the past, present, or future physical or
mental health or condition of an Individual; or the past m present, or future
payment for provision of health care to an Individual, 45 CFR 160.103. PHI
includes demographic information that identifies the Individual or about which
there is reasonable basis to believe can be used to identify the Individual. 45
CFR 160.103. PHI is information transmitted or held in any form or medium and
includes EPHI. 45 CFR 160.103. PHI does not include education records
covered by the Family Educational Rights and Privacy Act, as amended, 20
USCA 1232g(a)(4)(B)(iv) or employment records held by a Covered Entity in its
role as employer.
Q "Security Incident" means the attempt or successful unauthorized access, use,
disclosure, modification, or destruction of information or interference with system
operations in an information system.
M) "Sub-Contractor" as used in this HIPAA Compliance section of the CONTRACT
(in addition to its definition in the General Terms and Conditions) means a
Business Associate that creates, receives, maintains, or transmits Protected
Health Information on behalf of another Business Associate.
N) "Use" means the sharing, employment, application, utilization, examination, or
analysis, of PHI within an entity that maintains such information.
Business Associate shall perform all CONTRACT duties, activities, and tasks in
compliance with HIPAA, the HIPAA Rules, and all attendant regulations as
promulgated by the U.S. Department of Health and Human Services, Office of Civil
Rights.
ii. Use and disclosure of PHI. Business Associate is limited to the following permitted
and required uses or disclosures of PHI.
A) Duty to Protect PHI. CONTRACTOR shall protect PHI from, and shall use
appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 (Security
Standards for the Protection of Electronic Protected Health Information) with
respect to EPHI, to prevent the unauthorized Use or disclosure of PHI other than
as provided for in this CONTRACT or as required by law, for al long as the PHI is
within its possession and control, even after the termination or expiration of this
CONTRACT.
B) Minimum Necessary Standard. CONTRACTOR shall apply the HIPAA Minimum
Necessary Standard to any Use or disclosure of PHI necessary to achieve the
purposes of this CONTRACT. See 10 CFR 164.514 (d)(2) through (d)(5).
C) Disclosure as part of the Provision of Services. CONTRACTOR shall only Use or
disclose PHI as necessary to perform the services specified in this CONTRACT
or as required by law, and shall not Use or disclose such PHI in any manner that
would violate Subpar E of 45 CFR Part 164 (Privacy of Individually Identifiable
Health Information) if done by Covered Entity, except for the specific uses and
disclosures set forth below.
D) Use for Proper Management and Administration. CONTRACTOR may Use PHI
for the proper management and administration of the CONTRACT or to carry out
legal responsibilities of the Sheriff's Office.
E) Disclosure of Proper Management and Administration. CONTRACTOR may
disclose PHI for the proper management and administration of the CONTRACT
or to carry out the legal responsibilities of the CONTRACT, provided disclosures
are required by law, or the Sheriff's Office obtains reasonable assurances from
the person to whom the information is disclosed that the information will remain
confidential and used or further disclosed only as required by law or for the
purposes for which it was disclosed to the person, and the person notifies the
Sheriff's Office of any instances of which it is aware in which the confidentiality of
the information has been Breached.
F) Impermissible Use or Disclosure of PHI. CONTRACTOR shall report to the
Sheriff's Office in writing all uses or disclosures of PHI not provided for by this
CONTRACT within one business day of becoming aware of the unauthorized
Use or disclosure of PHI, including Breaches of unsecured PHI as required at 45
CFR 164.410 (Notification by a Business Associate), as well as any Security
Incident of which it becomes aware. Upon request by the Sheriff's Office, the
CONTRACTOR shall mitigate to the extent practicable, any harmful effect
resulting from the impermissible Use or disclosure.
G) Failure to Cure. If the Sheriff's Office learns of a pattern or practice of the
CONTRACTOR that constitutes a violation of the obligations under the terms of
this CONTRACT and reasonable steps by the Sheriff's Office do not end the
violation, the Sheriff's Office shall terminate this CONTRACT, if feasible. In
addition, if the CONTRACTOR learns of a pattern or practice of its Sub-
Contractors that constitutes a violation of the CONTRACTOR'S obligations under
the terms of their CONTRACT and reasonable steps by the CONTRACTOR do
not end the violation, the CONTRACTOR shall terminate the sub-contract, if
feasible.
H) Termination for Cause. CONTRACTOR authorizes immediate termination of this
CONTRACT by the Sheriff's Office, if the Sheriff's Office determines the
CONTRACTOR has violated a material term of this AGREEMENT. The Sheriff's
Office, may, at its sole option, offer the CONTRACTOR an opportunity to cure a
violation of this AGREEMENT before exercising a termination for cause.
1) Consent to Audit. CONTRACTOR shall give reasonable access to PHI, its
internal practices, records, books, documents, electronic data, and/or all other
business information received from, or created or received by the
CONTRACTOR on behalf of the Sheriff's Office, to the Washington State
Auditor's Office for use in determining compliance with HIPAA privacy
requirements.
J) Obligations of CONTRACTOR Upon Expiration or Termination. Upon expiration
or termination of this CONTRACT for any reason, with respect to PHI received or
created, or maintained by CONTRACTOR or any Sub-Contractors, on behalf of
the Sheriff's Office, the CONTRACTOR shall:
1) Retain only that PHI which is necessary for the CONTRACTOR to continue
its proper management and administration or to carry out its legal
responsibilities;
2) Return to the Sheriff's Office or destroy the remaining PHI that the
CONTRACTOR or any Sub-Contractors retain in any form;
3) Continue to use appropriate safeguards and comply with Subsection C of 45
CFR Part 164 (Security Standards for the Protection of Electronic Protected
Health Information) with respect to Electronic Protected Health Information to
prevent Use or disclosure of the PHI, other than as provided for in this
section, for as long as the CONTRACTOR or any Sub-Contractor retain the
PHI;
4) Not Use or disclose the PHI retained by CONTRACTOR or any Sub-
Contractors other than for the purposes for which such PHI was retained and
subject to the same conditions set out in the "Use and Disclosure of PHI"
section of the CONTRACT which applied prior to termination; and
5) Return to the Sheriff's Office or destroy the PHI retained by the
CONTRACTOR, or any Sub-Contractors, when it is no longer needed by the
Sheriff's Office for its proper management and administration or to carry out
its legal responsibilities.
K) Survival. The obligations of the CONTRACTOR under this section shall survive
the termination or expiration of this CONTRACT.
Individual Rights
A) Accounting of Disclosures
1) CONTRACTOR shall document all disclosures, except those disclosures that
are exempt under 45 CFR 164.528, of PHI and information related to such
disclosures.
2) Within ten business days of a request from the Sheriff's Office, the
CONTRACTOR shall make available to the Sheriff's Office the information in
the CONTRACTOR'S possession that is necessary for the Sheriff's Office to
respond in a timely manner to a request for an accounting of disclosures of
PHI by the CONTRACTOR. See 45 CFR 164.504(e)(2)(ii)(G) and
164.528(b)(1).
3) At the request of the Sheriff's Office or in response to a request made directly
to the CONTRACTOR by an Individual, the CONTRACTOR shall respond, in
a timely manner and in accordance with HIPAA and the HIPAA Rules, to
requests by Individuals for an accounting of disclosures of PHI.
4) CONTRACTOR record keeping procedures shall be sufficient to respond to a
request for an accounting under this section for the six years prior to the date
on which the accounting was requested.
B) Access
1) CONTRACTOR shall make available PHI that it holds that is part of a
Designated Record Set when requested by the Sheriff's Office or the
Individual as necessary to satisfy the Sheriff's Office obligations under 45
CFR 164.524 (Access of Individuals to Protected Health Information).
2) When a request is made by the Individual to the CONTRACTOR or if the
Sheriff's Office asks the CONTRACTOR to respond to a request, the
CONTRACTOR shall comply with requirements in 45 CFR 164.524 (Access
of Individuals to Protected Health Information) on form, time, and manner of
access. When the request is made by the Sheriff's Office, the
CONTRACTOR shall provide the records to the SHERIFF within ten business
days.
iv. Sub-Contracts and other Third-Party Agreements. In accordance with 45 CFR
164.502(e)(1)(ii), 164.504(e)(1)(i), and 164.308(b)(2), the CONTRACTOR shall
ensure that any agents, Sub-Contractors, independent contractors, or other third
parties that create, receive, maintain, or transmit PHI on CONTRACTOR'S behalf,
enter into a written contract that contains the same terms, restrictions, requirements,
and conditions as the HIPAA compliance provisions in this CONTRACT with respect
to such PHI. The same provisions must also be included in any contracts by a
CONTRACTOR'S Sub-Contractor with its own business associates as required by
45 CFR 164.314(a)(2)(b) and 164.504(e)(5).
V. Obligations. To the extent the CONTRACTOR is to carry out one or more of the
Sheriff's Office obligations under Subpart E of 45 CFR Part 164 (Privacy of
Individually Identifiable Health Information), the CONTRACTOR shall comply with all
requirements that would apply to the Sheriff's Office in the performance of such
obligation(s).
vi. Liability. Within ten business days, the CONTRACTOR must notify the Sheriff's
Office of any complaint, enforcement, or compliance action initiated by the Office of
Civil Rights based on an allegation of violation of the HIPAA Rules and must inform
the Sheriff's Office of the outcome of that action. The CONTRACTOR bears all
responsibility for any penalties, fines, or sanctions imposed against the
CONTRACTOR for violations of the HIPAA Rules and for any imposed against its
Sub-Contractors or agents for which it is found liable.
vii. Breach Notification
A) In the event of a Breach of unsecured PHI or disclosure that compromises the
privacy or security, or PHI obtained from clients, the CONTRACTOR will take all
measures required by state and/or federal law.
B) The CONTRACTOR will notify the Sheriff's Office within one business day by
telephone and in writing of any acquisition, access, Use or disclosure of PHI not
allowed by the provisions of this CONTRACT or not authorized by HIPAA Rules
or required by law of which it becomes aware which potentially compromises the
security or privacy of the Protected Health Information as defined in 45 CFR
164.402 (Definitions).
C) The CONTRACTOR will notify the Sheriff's Office contact shown on the cover
page of this CONTRACT within one business day by telephone or email of any
potential Breach of security or privacy of PHI by the CONTRACTOR or its Sub-
Contractors or agents. The CONTRACTOR will follow telephone or email
notification with a faxed or other written explanation of the Breach, to include the
following: date and time of Breach, detailed description of the Breach, anticipated
mitigation steps, and the name, address, telephone number, fax number, and
email of the individual who is responsible as the primary point of contact. The
CONTRACTOR will address communications to the Sheriff's Office contact. The
CONTRACTOR will coordinate the cooperate with the Sheriff's Office to provide
a copy of its investigation and other information requested by the Sheriff's Office,
including advance copies of any notifications required for the Sheriff's Office to
review before disseminating the verification of the date's notifications were sent.
D) If the Sheriff's Office determines the CONTRACTOR or its Sub-Contractor(s) or
agent(s) is responsible for a Breach of unsecured PHI:
1) Requiring notification of Individuals under 45 CFR 164.404 (Notification of
Individuals), the CONTRACTOR bears the responsibility and costs for
notifying the affected individuals and receiving and responding to those
Individuals' questions or requests for additional information;
2) Requiring notification of the media under 45 CFR 164.406 (Notification to the
media), the CONTRACTOR bears the responsibility and costs for notifying
the media and receiving and responding to media questions or requests for
additional information;
3) Requiring notification of the U/S/ Department of Health and Human Services
Secretary under 45 CFR 164.408 (Notification to the Secretary), the
CONTRACTOR bears the responsibility and costs for notifying the Secretary
and receiving and responding to the Secretary's questions or requests for
additional information; and
4) The Sheriff's Office will take appropriate remedial measures up to termination
of this CONTRACT.
viii. Interpretation. Any ambiguity in this CONTRACT shall be interpreted to permit
compliance with the HIPAA Rules.
7. Data Security Requirements
a. Definitions:
i. "Authorized User" means an individual or individuals with an authorized business
requirement to access confidential information.
ii. "Hardened Password" means a string of at least eight characters containing at least
one alphabetic character, at least one number and at least one special character
such as an asterisk, ampersand, or exclamation point.
iii. "Unique User ID" means a string of characters that identifies a specific user and
which, in conjunction with a password, passphrase or other mechanism,
authenticates a user to an information system.
b. Data Transport
When transporting confidential information electronically, including via email, the Data
will be protected by:
i. Transporting Data within the internal network, or;
ii. Encrypting any Data that will be in transit outside the internal network. This includes
transit over the public internet.
c. Protection of data
The CONTRACTOR agrees to store Data on one or more of the following media and
protect the Data as described:
i. HARD DISK DRIVES. Data stored on local workstation hard disks. Access to the
Data will be restricted to Authorized User(s) by requiring logon to the local
workstation using a Unique User ID and Hardened Password or other authentication
mechanism which provide equal or greater security, such as biometrics or smart
cards.
ii. NETWORK SERVER DISKS. Data stored on hard disks mounted on network servers
and made available through shared folders. Access to the Data will be restricted to
Authorized Users through the use of access control lists which will grant access only
after the Authorized User has authenticated to the network using a Unique User ID
and Hardened Password or other authentication mechanisms which provide equal or
greater security, such as biometrics or smart cards. Data on disks mounted to such
servers must be located in an area which is accessible only to authorized personnel,
with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
For confidential information stored on these disks, deleting unneeded Data is
sufficient as long as the disks remain in a Secured Area and otherwise meet the
requirements listed in the above paragraph. Destruction of the Data as outlined
above. Data Disposition may be deferred until the disks are retired, replaced, or
otherwise taken out of the Secured Area.
iii. OPTICAL DISKS (CDs or DVDs) IN LOCAL WORKSTATION OPTICAL DISK
DRIVES. Data provided on optical disks which will be used in a local workstation
optical disk drive and which will not be transported out of a Secured Area. When not
in use for the contracted purpose, such disks must be locked in a drawer, cabinet, or
other container to which only Authorized Users have the key, combination, or
mechanism required to access the contents of the container. Workstations which
access Data on optical disks must be located in an area which is accessible only to
authorized personnel, with access controlled through use of a key, combination lock,
or comparable mechanism.
iv. OPTICAL DISKS (CDs or DVDs) IN DRIVES OR JUKEBOXES ATTACHED TO
SERVERS. Data provided on optical disks which will be attached to network servers
and which will not be transported out of a Secured Area. Access to data on these
disks will be restricted to Authorized Users through the use of access control lists
which will grant access only after the Authorized User has authenticated to the
network using a Unique User ID and Hardened Password or other authentication
mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks attached to such servers must be located in an area which is
accessible only to authorized personnel, with access controlled through the use of a
key, card key, combination lock, or comparable mechanism.
V. PAPER DOCUMENTS. Any paper records must be protected by storing the records
in a Secured Area which is only accessible to authorized personnel. When not in
use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons have access.
vi. REMOTE ACCESS. Access to and use of the Data over the network will be
controlled by staff who issue authentication credentials (e.g., Unique User ID and
Hardened Password) to Authorized Users on Contractor staff. CONTRACTOR will
notify SHERIFF staff immediately whenever an Authorized User in possession of
such credentials is terminated or otherwise leaves the employ of the
CONTRACTOR, and whenever an Authorized User's duties change such that
Authorized User no longer requires access to perform work for the CONTRACTOR.
vii. DATA STORAGE ON PORTABLE DEVICES OR MEDIA.
A) Except where other wise specified herein, Data shall not be stored by the
CONTRACTOR on portable devices or media unless specifically authorized
within the terms and conditions of the CONTRACT. If so authorized, the Data
shall be given the following protections:
1) Encrypt the Data with a key length of at least 128 bits.
2) Control access to devices with a Unique User ID and Hardened Password or
stronger authentication method such as a physical token or biometric access.
3) Manually lock devices whenever they are left unattended and set devices to
lock automatically after a period of inactivity, if this feature is available.
Maximum period of inactivity is 20 minutes.
4) Physically store the portable device or media and:
• Keep in locked storage when not in use.
• Use check in/check out procedures when they are shared.
• Take frequent inventories.
B) When being transported outside a Secured Area, portable devices and media
with confidential information must be under the physical control of the
CONTRACTOR staff with authorization to access the Data.
C) Portable devices include, but are not limited to, smart phones, tablets, flash
memory devices (e.g., USB flash drives, personal media players), portable hard
disks, and laptop/ notebook/ netbook computers if those computers may be
transported outside of a Secured Area.
D) Portable media includes, but is not limited to; optical media, (e.g., CDs and
DVDs), magnetic media (e.g., tape), or flash media.
ix. DATA STORED FOR BACKUP PURPOSES.
A) Confidential Data may be stored on portable media as part of a
CONTRACTOR'S existing, documented backup process for business continuity
or disaster recovery purposes. Such storage is authorized until such time as that
media would be reused during the course of normal backup operations. If backup
media is retired while confidential information still exists on it, such media will be
destroyed at that time in accordance with the disposition requirements in place
with the Washington Secretary of State's Office.
B) Confidential Data may be stored on non-portable media (e.g., Storage Area
Network drives, virtual media, etc.) as part of a CONTRACTOR'S existing,
documented backup process for business continuity or disaster recovery
purposes. If so, such media will be protected as otherwise described in this
section. If this media is retired while confidential information still exists on it, the
Data will be destroyed at that time in accordance with the disposal requirements
in place with the Washington Secretary of State's Office.
X. Data Disposition. When the contracted work has been completed or when no
longer needed, except as noted elsewhere in this CONTRACT, Data shall be
returned to the Sheriff's Office or destroyed. Media on which Data may be stored
and associated acceptable methods of destruction can be found on the
Washington Secretary of State's website at www.sos.wa.gov.
xi. Notification of Compromise or Potential Compromise. The compromise or
potential compromise of Data must be reported to the Sheriff's Office contact
designated in the CONTRACT within one business day of discovery. If no
Sheriff's Office Contact is designated in the CONTRACT, then the notification
must be reported to the Mason County Sheriff's Office at 360.426.4441 and
faxing notification to 360.416.0567. The CONTRACTOR must also take actions
to mitigate the risk of loss and comply with any notification or other requirements
imposed by law or common practice.
xii. Data Shared with Sub-Contractors. If Data provided under this CONTRACT is to
be shared with a Sub-Contractor, the CONTRACT with the Sub-Contractor must
include all the data security provisions within this CONTRACT and within any
amendments or exhibits within this CONTRACT. If the CONTRACTOR cannot
protect the Data as articulated with this CONTRACT, then the CONTRACT with
the Sub-Contractor must be submitted to the Sheriff's Office contact specified for
this CONTRACT for review and approval.
8. Contract Management
The Contract Manager for each of the parties shall be the contact person for all
communications and billings regarding the performance of this CONTRACT. Invoices will
be received, and payments made to:
CONTRACTOR SHERIFF
Bowers Dental Group Mason County Sheriff's Office
Contact: Melissa Upson Contact: Kevin Hanson
Address: 1525 Olympic Highway N Address: PO Box 1037
City, State, Zip: Shelton, WA 98584 City, State, Zip: Shelton, WA 98584
Contact Phone: 360-426-9711 Contact Phone: 360-427-9670 x369
Email: bowersdentalgroup@gmail.com Email: khanson@masoncountywa.gov
a. CONTRACTOR in performance of the work on this project and under this CONTRACT,
and shall assume exclusive liability therefore, and meet all requirements thereunder
pursuant to any rules or regulations.
b. The CONTRACTOR agrees to immediately remove any of its employees or agents from
assignments to perform services under this CONTRACT upon receipt of a written
request to do so from the Sheriff's Office Contract Manager or designee.
9. Entire Contract
This written CONTRACT, comprised of the writings signed or otherwise identified and
attached hereto, represents the entire CONTRACT between the parties and supersedes any
prior oral statements, discussions, or understandings between the parties.
The CONTRACT may be altered, amended, or waived only by a written amendment
executed by both parties. This CONTRACT, including Appendices, is executed by the
persons signing below who warrant they have the authority to execute the CONTRACT.
CONTRACTOR CONTRACT MANAGER
Chief of the Mason County Jail
Title Title
Date Date
ATTEST:
BOARD OF SHERIFF COMMISSIONERS
McKenzie Smith, Clerk of the Board MASON SHERIFF, WASHINGTON
APPROVED AS TO FORM:
Kevin Shutty, Chair
Tim Whitehead
Chief Deputy Prosecuting Attorney Randy Neatherlin, Commissioner
Sharon Trask, Commissioner
EXHIBIT A
SCOPE OF SERVICES
1. Service
The Bowers Dental Group agrees to perform necessary dental services to Mason
County Jail inmates as directed by the jail's nursing services manager.
2. Payment Terms
A. Invoice intervals —The service provider will invoice the SHERIFF monthly (or per
episode).
B. Invoice periods —The Sheriff's Office shall have 30 days from the date of receipt,
in which to pay the invoice.
C. Method of Payment— Service provider will accept Mason County warrant or ACH
forms of payment.
D. Expenses approved for payment —
a. $ 91 per limited oral examination
b. $ 37 per single periapical image
c. $ 242 per simple extraction
d. $ 418 per surgical extraction
e. $ 29 per additional x-ray
Additional services will be approved in writing by the Contract Manager before being
performed.
E. Service Providers are required to audit invoice payments at regular intervals to
avoid missed payments. No invoices will be accepted for payment after six
months have elapsed from the date of service. Invoices for services from
previous fiscal years will not be accepted. Invoices for services provided in
December of each year must be submitted in January of the following year to be
approved for payment.
3. Work Performance Evaluations
The CONTRACTOR shall ensure program results show positive outcomes. Work
performance will be reviewed yearly and at least three months prior to the contract or
amendment termination date. Performance will be measured on all aspects of
contract obligations.
EXHIBIT B
INSURANCE REQUIREMENTS
1. Minimum Insurance Requirements
A. Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 02, with an edition date prior to 2004, or the exact
equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less that $1,000,000
per occurrence for all covered losses and not less than $2,00,000 general aggregate, for
bodily injury, personal injury, and property damage, including without limitation, blanket
contractual liability.
B. Worker's Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits for CONTRACTORS with two or more
employees and/or volunteers, no less than $1,000,000 per accident for all covered
losses.
C. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
owned, non-owned, and hired autos, or the exact equivalent. Limits shall be no less that
$1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If the CONTRACTOR or CONTRACTOR'S employees will use
personal autos in any way on this project, the CONTRACTOR shall obtain evidence of
personal auto liability coverage for each such person.
2. Certificate of Insurance
A Certificate of Insurance naming the Mason County as the Certificate Holder must be
provided to the Sheriff's Office within five days of contract execution.
3. Basic Stipulations
A. The CONTRACTOR agrees to endorse third party liability coverage required herein to
include as additional insureds the Sheriff's Office, its officials, employees, and agents,
using ISO endorsement CG 20 10 with an edition date prior to 2004. The
CONTRACTOR also agrees to require all contractors, sub-contractors, and anyone else
involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying
parties") to comply with these provisions.
B. The CONTRACTOR agrees to waive rights of recovery against the Sheriff's Office
regardless of the applicability of any insurance proceeds, and to require all indemnifying
parties to do likewise.
C. All insurance coverage maintained or procured by the CONTRACTOR or required of
others by the CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete
the subrogation condition as to Sheriff's Office or must specifically allow the name
insured to waive subrogation prior to a loss.
D. All coverage types and limits required are subject to approval, modification, and
additional requirements by the Sheriff's Office. The CONTRACTOR shall not make any
reductions in scope or limits of coverage that may affect the Sheriff's Office protection
without the Sheriff's Office prior written consent.
E. The CONTRACTOR agrees to provide evidence of insurance required herein,
satisfactory to the Sheriff's Office, consisting of a) certificate(s) of insurance evidencing
all of the coverages required and, b) an additional insured endorsement to the
CONTRACTOR'S general liability policy using Insurance Services Office form CG 20 10
with an edition date prior to 2004. The CONTRACTOR agrees, upon request of the
Sheriff's Office to provide complete, certified copies of any policies required within ten
days of such request. The Sheriff's Office has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests. Any premium so paid by the
Sheriff's Office shall be charged to and promptly paid by the CONTRACTOR or
deducted from sums due the CONTRACTOR. Any actual or alleged failure on the part of
the Sheriff's Office or any other additional insured under these requirements to obtain
proof of insurance required under this CONTRACT in no way waives any right or remedy
of the Sheriff's Office or any additional insured, in this or in any other regard.
F. It is acknowledged and agreed by the parties of this CONTRACT that all insurance
coverage required to be provided by the CONTRACTOR or indemnifying party, is
intended to apply first and on a primary non-contributing basis in relation to any other
insurance or self-insurance available to the Sheriff's Office.
G. The CONTRACTOR agrees not to self-insure or to use any self-insurance retentions on
any portion of the insurance required herein and further agrees that it will not allow any
indemnifying party to self-insure its obligations to the Sheriff's Office. If the
CONTRACTOR'S existing coverage includes a self-insured retention, the self-insured
retention must be declared to the Sheriff's Office. The Sheriff's Office may review
options with the CONTRACTOR, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
H. The CONTRACTOR will renew the required coverage annually as long as the Sheriff's
Office, or its employees or agents face an exposure from operations of any type
pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is
canceled or terminated for any reason. Termination of this obligation is not effective until
the Sheriff's Office executes a written statement to that effect.
I. The limits of insurance as described above shall be considered as minimum
requirements. Should any coverage carried by the CONTRACTOR or a sub-contractor of
any tier maintain insurance with limits of liability that exceed the required limits or
coverage that is broader than as outlined above, those higher limits and broader
coverage shall be deemed to apply for the benefit of any person or organization included
as an additional insured and those limits shall become the required minimum limits of the
insurance in all Paragraphs and Sections of this CONTRACT.
J. None of the policies required herein shall be in compliance with these requirements if
they include any limiting endorsement that has not been first submitted to the Sheriff's
Office and approved of in writing.
K. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
L. Unless otherwise approved by the Sheriff's Office, insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a
minimum A.M. Best rating of A-: VII.
M. All insurance coverage and limits provided by the CONTRACTOR and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this CONTRACT limits the application of such insurance coverage.
N. The CONTRACTOR agrees to require insurers to provide notice to the Sheriff's Office
thirty days prior to cancellation of such liability coverage or of any material alteration or
non-renewal of any such coverage, other than for non-payment of premium. The
CONTRACTOR shall assure that this provision also applies to any sub-contractors, joint
ventures, or any other party engaged or on behalf of the CONTRACTOR in relation to
the AGREEMENT. Certificate(s) are to reflect that the issuer will provide thirty days'
notice to the Sheriff's Office of any cancellation of coverage.
O. The Sheriff's Office reserves the right at any time during the term of the CONTRACT to
change the amounts and types of insurance required by giving the CONTRACTOR
ninety days' advance written notice of such change. If such change results in substantial
additional cost to the CONTRACTOR, the Sheriff's Office and CONTRACTOR may
renegotiate the CONTRACTOR'S compensation.
P. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy.
Specific reference to a coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all-inclusive.
Q. The CONTRACTOR agrees to provide immediate notice to the Sheriff's Office of any
claim or loss against the CONTRACTOR arising out of the work performed under this
AGREEMENT. The Sheriff's Office assumes no obligation or liability by such notice but
has the right (but not the duty) to monitor the handling of any such claim or claims if they
are likely to involve the Sheriff's Office.
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: John Taylor
Department: Parks &Trails Dept. Ext: 669
Briefing Date: 3/7/22
Previous Briefing Dates:
If this is a follow-up briefing, please provide only new information
Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Information Technology ❑ Other— please explain
Item: Mason County Parks &Trails Advisory Board
Executive Summary:
The Mason County Parks &Trails Advisory Board is a seven-member board and we currently have
three active members. We request the following actions:
1) Reappoint Mendy Harlow;
2) Appoint Shawn Fontana, new applicant, do the Commissions want to interview?
3) Remove Mike DeMatteo due to non-attendance. The Parks &Trails Advisory Board voted to
recommend removal from the Board, pursuant to the By-Laws.
Mason County Code Chapter 2.49.040 - Removal of members.
Any appointed parks and trails advisory board member may be removed by a majority vote
of the board of county commissioners for cause. Vacancies on the parks and trails advisory
board shall be filled by appointment made by the board of county commissioners for the
unexpired portions of the term(s) vacated.
Budget Impact: None
Public Outreach: A news release soliciting applicants has been issued
Recommended/Requested Action:
Place the following actions on the March 15 agenda:
4) Reappoint Mendy Harlow;
5) Appoint Shawn Fontana, new applicant, do the Commissions want to interview?
6) Remove Mike DeMatteo due to non-attendance. The Parks &Trails Advisory Board voted to
recommend removal from the Board, pursuant to the By-Laws.
Attachments: Mendy & Shawn's applications; Parks &Trails Advisory membership info and by-laws:
MCC 2.49.040
Mason County Parks &Trails Advisory Committee
Jeanne Robinson 4/2/2018 12/31/2022
Andrew Kinney Reappt. 12/10/19 12/31/2022
Mendy Harlow 10/20/2017 1/9/2022
Mike DiMatteo 4/16/2018 12/31/2022
i
cc:CMMRS Nealheriln,Shutty&Drexler
Clerk ,
RECEIVED
MASON COUNTY COADUSSlONE,RS
,.
p 2 0p�T 411 NORTH FIFTH STREET
SHELTON WA 98584
Mason COLintfuX 360-427-8437,Voice 360-427-9670,Ext.419,27&4467 or 482-5269
U5E Cornmissinnors
I AM SEEKING APPOINTMENT TO Parks and Trails Advisory Committee
hj=Mendy Hartow
ADDRESS
CITYIZIP: P31Z VOTING PRECINCT; WORK PNONE,
(OR AREA IN THE COUNTY You WE) a4WIL
-----------------------------------------------------------_-------------------------------
COMMUNITY SERVICE EMPLOYMENT'(IF RETIRED PRF-VIOUS EXPERIENCEI
Rota Club of Aoltti9(4lason ERsrtirsl COMPANY: Hood Canal Salmon Enhancement Group YRS
wants Club ot Northason
Mason County 4-H OS O • Executive Director
North ason am er o Commerce
Shelton-Mason County Chamber of COMPANY: - YRS
POSITION
--------------------------------------------------------------------------------------------
In your words,what do you perceive is the role or purpose of the Board,Committee or Council for which you are applying:
To advise the commissioners and staff of Mason County In their role of managing recreation and parks In our County.
e purview ot this advisory committee includes development and recommendation oll policies and procee ures,
ILIPC p�ulaflnr3,—a_..ri prnranfinn—ofTarkc anri recreaton anttvirles The comrWitee Is also qDppglhlR for the
parks and trails comprehensive plan updates,which Is needed In order for Mason County to qualify for Washington
State Gisntti fbf new development and maintananue of County parks and balls.
What Interests,skills do you wish to offer the Board,Committee,or Council?
I am a recreation advocate and enthusiast. I feel strongly that open space and recreation opportunities are vita{to a
healthy community and create a connection between people and their natural environment, I have been carrying
habitat estexafie h sernpiefQF 1148 part 12 yeam fQF a noAl;mfit-- —
organization.The skills I have developed along.the way would be a great asset to our community.
Please list any financial, professional, or voluntary affiliations which may Influence or affect your position on this Board:
(i.e.create a potential conflict of Interest) '
.A dlsclosed-pbove I am the Executive Director of HCSEG which may volunteer to partner and/or carry forward
recreation or park projects that are In the comprehensive plan.
Your participation Is dependent upon attending certain tralnings made available by the County during regular business hours
(such as open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be
able to attend such tralnings? Yes
Realistically,how much lime can you give to this position?
Quarterly Mores X Weekly Daily
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Please list any i1nancial, professional-,-or voluntary aflIllatlom-which may ihQUerme or-affect-your poMion.on-this-gGard.
,(k.a,,create.a pclential,-conflict,of inta rest)
'Your paMcipat[on..ts:deperident-upfon aftendfrig-6ert4lri-trzCinings-rhEidp-..avaltsiblab.y.-.the•County durlh.9 regular busine8shows=
{such as�Qpen Pubife Meetings Art and Public.Rocords),The.trpInInp would be at.ilo Cost:to you.W puldyoub.e
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Hearings.
Hearings conducted by the board shall conform to the provisions of law in the platter of public notice,
time,and number and reporting.
A formal hearing before the board which,for any reason cannot be completed at the time and place
originally advertized, may be recessed to a later date and the announcement at such recessed meeting and
the time and place of such recessed meeting shall constitute a sufficient notice to all parties concerned.
i
Hearing procedures shall generally be as follows:
1. Chairperson and Director or Designee presents a summary introduction to the factual background of
the subject for the information of the members.
2. Chairperson instructs the public regarding submission of factual,relevant and non-repetitive material
and requests that each speaker states his/her name,address and interest in the subject.
3. Chairperson instructs the public and invites proponents to speak first,after which opponents and
other interested parties may speak. Board members may pose questions through the chairperson at
the close of each presentation.
4. Hearing closed by chairperson with an indication for the public of the procedures to be followed by
the board. If for any reason a hearing cannot be completed at a single session,the adoption of a
motion to recess to another time shall be deemed sufficient legal notice to all parties who may be
affected.
Visitor Participation at Board Meetings.
The board meets and acts as a public advisory body and citizens are welcome to attend board meetings.
Individuals or groups wishing to be heard may follow these procedures:
1. Correspondence or petitions or public input may be presented to the board under that item on the
agenda.
2. Agenda requests for board action shall be filed with the Director or Designee 10 or more days before
the board meeting.
3. At the discretion of the chairperson,visitors may comment on items listed on the agenda. Those
wishing to comment should stand and identify themselves and comments should be directed to the
board as a whole.
Committees.
From time to time the board may establish standing or advisory committees for the purpose of assisting
the board in carrying out its responsibilities as well as obtain the broadest possible community
involvement and representation,
Removal of Board Members,:;
:'The?aiks and Trails Advisory Board may by a majority vote of its members submit a.recommendation of
removal.to the Board of Commissioners for any board member who misses three consecutive meetmgs-'
Mot due to sickness or`health or who misses 50%or.more of the board meetings uu a calendar year
March 25, 2019 Page 3
3/1/22,9:31 AM Mason County,WA Code of Ordinances
other recreational facilities and recommend to the board of county commissioners adoption of any rules
and regulations requiring enforcement by legal process.
(4) Advise the support services director or designee and the board of county commissioners in developing
and recommending policies and procedures for department operations.
(5) Advise the support services director or designee and the board of county commissioners in developing
goals and objectives and short and long-range comprehensive plans.
(6) Assist the support services director or designee and the board of county commissioners in their relations
with other county-wide organizations and individuals concerning promotion of county parks,trails,
facilities and services.
(Res. No. 41-16, Attach. A, 7-19-2016)
2.49.040- Removal of members.
Any appointed parks and trails advisory board member may be removed by a majority vote of the board of county
commissioners for cause.Vacancies on the parks and trails advisory board shall be filled by appointment made by the
board of county commissioners for the unexpired portions of the term(s)vacated.
(Res. No. 41-16, Attach. A, 7-19-2016)
2.49.050-Supervision.
The parks and trails advisory board shall operate under the direction and supervision of the board of county
commissioners through its support services director or designee.
(Res. No.41-16, Attach. A, 7-19-2016)
2/2
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: John Taylor
Department: Parks &Trails Dept. Ext: 669
Briefing Date: 3/7/22
Previous Briefing Dates:
If this is a follow-up briefing, please provide only new information
Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Information Technology ❑ Other— please explain
Item: Request Lead Pay Extension until April 1, 2022 for Parks &Trails Maintenance IV
Executive Summary:
Prior to the hiring of the resent Parks &Trails Manager. The Parks &Trails Lead (Maintenance
IV) position was authorized 10% of their monthly salary to act in the capacity of the manager.
After the hiring of the new Parks &Trails Manager, we request the lead pay be extended until
April 1, 2022, giving the new manager time to familiarize with the duties prior to assuming
them from the current lead.
Budget Impact: One-month expense approximately $629.00
Public Outreach: N/A
Recommended/Requested Action:
Recommend the extension be approved for one additional month to end on April 1, 2022, which is
approximately $629.00
Attachments: N/A
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: February 28, 2022
PREVIOUS BRIEFING DATES: January 31 & February 28, 2022
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
✓ Legal ✓ Other — please explain Public Works & Planning Department
ITEM: Citizen inquiry to purchase parcel #32007-13-00050 off Johns Prairie Road
EXECUTIVE SUMMARY: Mark Kamin has inquired about purchasing the County's 0.20 acre
triangular shaped parcel off of Johns Prairie Road. Kamin Properties, LLC owns the two
adjacent parcels. The shape and size of the property makes it not much use to the County
but beneficial to the adjacent property owner. The County purchased the property in 1990
for $1,742.24. I have consulted with the Public Works and Planning Departments on this for
any potential problems or conflicts, and both departments concur that there are none.
Richard Beckman has weighed in on the value of the land: If buildable, the FMV is
approximately $35-$45,000, if not buildable or cost prohibitive to build, the FMV is more in
line with $3-$5,000. The Planning Department has expressed that based on the size of the
land it is not developable for commercial development, therefore the value would fall in the
range of $3-$5,000.
The 2022 County Assessor's market value for this property is $3,690. Per Mason County
Code, Chapter 3.40.300, and confirmed by Chief DPA, Tim Whitehead, an appraisal from a
state-licensed appraiser is not necessary if the currently assessed value is less than
$100,000. For sale of property assessed at less than $100,000, an appraisal may be provided
by the county assessor. The Board has agreed to set a public hearing to surplus the property
on April 12, 2022.
BUDGET IMPACT: Determined at time of sale of property
PUBLIC OUTREACH: Contacted Richard Beckman Realty for an estimate of value
RECOMMENDED OR REQUESTED ACTION:
Request the Board decide on a price to list the property with Richard Beckman and set a
public hearing for April 12, 2022 surplus the property
ATTACHMENTS:
1990 Warranty Deed
Briefing Summary 3/3/2022
504945 WARRANTY DEED 443 rF. I 3
GRANTORS; S. Q P. Properties. a general partnership
for and consideration of $1,742.24 (One Thousand Sevtrr Bandred Forty Two
and 24/100 ) Dollars, in hand paid, convey and warrants to
Mason County the Grantee_.,_, the following
described
real estate;
All that portion of the North Half (N1/2) of the East Half (E1/2) of the
Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section 7,
Township 20 North, Range 3 West, W.M., in Mason County, Washington, lying
south of Johns Prairie Road; more particularly described as follows:
Beginning at the Quarter Corner between Sections 7 and 8; thence N88'11'19"W a
distance of 1,989.021 feet to a point on the Southeasterlyright-of-way line of
the Johns Prairie Road; thence N41'24152"E a distance of 295.007 feet to a
point on a curve to the left having a radius of 5,729.578 feet, the radius
point bears N48'35'08"W; thence along the arc of said curve 315.220 feet to a
point of tangentcy; thence N38'15'44 E 225.329 feet, more or less, to the TRUE
POINT OF BEGINNING; thence continuing N38'15'44"E a distance of 188.160 feet; AFFR AW
thence S00'29120"W 151.510 feet; thence NBS'10'11"W 117.860 feet, more or I,_—
less, to the TRUE POINT OF BEGINNING; thence S64'05'43"E 1612.382 feet, more wK"M arcs
or less to the Quarter Corner common to Sections 7 and 8, Township 20 North, 1EXMM PT
Range 3 West, W.M., Mason County, Washington.
Said parcel contains 8,928.48 square feet. FEB 1 6 19C.
situated in the County of Mason, State of Washington. DORM
RAL
Dated February 6 , A.D., 19 90 Tmemr. mum COMN
S. S P. PROPERTIES -- .
(company
Title. P7y-e.
STATE OF WASHINGTON,
* ss. (CORPORATE ACKNOWLEDGEMENT)
County of Mason
On this P_day of 19_fa__,before me personally
appeared A'i4y,.m{ Asr,&I-i
, to me known to be the By.A7,ve.-
of the corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and
an oath stated that he_ is authorized to execute said instrument
and that the seal affixed is the corporate seal of said corporation .
No d'asA
IN WITNESS WHEREOF, I have hereunto set my hand and affixed any official
seal the day and year first above written.
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RECC)RDED96 �lb Aid BSI — ate of Wa hington, residing at
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VOL qV3 PAGE I 1' SAP `6' in said County. My Commission
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1/31Q2,,8:35 AM -TerraScan TaxSifter-Mason County Washington
MASON COUNTY Awmen
TEGMN°LOtu
tif ES
WASHINGTON TAXSIFTER
V
SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0)
Patti McLean
Mason County Assessor 411 N 5TH ST Shelton,WA 98584
Assessor 'Treasurer Appraisal MapSifter
Parcel
Parcel#: 32007-13-00050 Owner Name: MASON COUNTY
DOR Code: 91 - Undeveloped -Land Addressi: MASON COUNTY COURTHOUSE
Situs: Address2: 411 N 5TH ST
Map Number: City,State: SHELTON WA
Status: zip: 985843400
Description: N 1/2 E 1/2 SW 1/4 NE 1/4 LYING SLY OF R/W S 6/138
Comment:
2022 Market Value 2022 Taxable Value 2022 Assessment Data
1 Land: $3,690 Land: T $0 i District: 0001 -Tax District 0001
Improvements: _— $0 Improvements: _-- _ - $0� Current Use/DFL_ - ---_ _No
ttPermanent Crap: $0 Permanent Crop: $0!'
Total $3,690 Total -_-- $0. Total Acres: - 0.20000
--- --- - - --j-------- — -- (-----
Ownership
Owner's Name Ownership °/a Owner Type
MASON COUNTY 100 % Title Owner
Sales History
iSaleDate ISales Document # Parcels Excise# Grantor Grantee Price
F------- - — ----�------�-- I _
1 02/06/90 504945 1 -- S&P PROPERTIES MASON COUNTY $1 7412
Building Permits
No Building Permits Available
Historical Valuation Info
Year (Billed Owner Land JImpr. PermCrop Value Total Exempt ;Taxable
- - -- -
! 2022 MASON COUNTY
$3,690• $0 $0; $3,690 $3,690, $0.
View Taxes
Parcel Comments
No Comments Available
Property Images
No images found.
https://property.masoncountywa.gov/TaxSifter/Assessor.aspx?keyld=4194272&parcel Number=32007-13-00050&typeI D=1 1/2
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Mark Neary
Department: County Administrator Ext: 530
Briefing Date: 3/7/2022
Previous Briefing Dates:
If this is a follow-up briefing, please provide only new information
Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Information Technology ❑ Other— please explain
Item:
Fire District 11 Agreement
Executive Summary: (If applicable, please include available options and potential solutions)
Mason County Fire District 11 (FD#11) previously had an agreement to provide fire and EMS support
for our Mason County Public Works Buildings located on Public Works Drive. The agreement was in
place from 2009 through 2020. The agreement was not renewed in 2021, and FD#11 is asking the
county to reconsider renewal in 2022.
FD#11 carries similar agreements with the State Patrol Academy and the Port of Shelton (Sanderson
Field).
I requested Chief Searles attend this Board briefing to go over the services provided to our public
works facilities and to discuss the re-establishment/renewal of this agreement with the Board.
Fiscal staff verified with MRSC that fire benefit charges are authorized by RCW 52.18.010, as long as
the charges are reasonable and there is rationale for how the charge is determined.
In 2020 County staff researched the value of the services provided to the Fire Districts and
determined with 14 districts each receive approximately $28,857 worth of services. They calculated
this cost using our internal allocation methodology for distributing the cost of treasurer, assessor, and
auditor services. The County does not bill the fire districts for these services.
Budget Impact:
$6,400 per year
Public Outreach: Invited Chief Searles to attend briefing
Recommended/Requested Action:
Discuss and Determine our official response to FD#11.
Attachments: Agreement
MASON COUNTY PUBLIC WORKS/UTILIEIS AND WASTE MANAGEMENT DEPARTMENT
FIRE PROTECTION AGREEMENT
This Agreement is entered into between Mason County, Washington, (the County) and Mason County
Fire Protection District No. 11, hereafter referred to as"District" for services to the Mason County Public
Works Department, hereafter referred to as "Public Works".
WHEREAS, the District is organized and equipped to provide fire protection and emergency medical
services within and in the vicinity of its boundaries, and Public Works and the County desires that the
District provide such services to its property located within those boundaries, NOW THEREFORE;
1. The District shall provide fire suppression expertise, inspection, fire protection and emergency
medical services to property owned by Public Works, through the County, lying within the
boundaries of the District.
2. In consideration for receiving fire protection and emergency medical services, Public Works,
through the County, shall pay the District the amount of$6,400.00 for the period beginning
January 1, 2020.The District will bill Public Works, through the County, the amount due under
this agreement.
3. This agreement shall be effective January 1, 2020 and end December 31, 2020. Either the
District or Public Works,through the County, may cancel this contract upon giving 30 day's
written notice of intent to cancel.
4. This agreement is made pursuant to RCW 39.34.080. Public Works and the District shall each
perform all services and carry out all responsibilities under the terms of this agreement as
independent agencies and neither shall by virtue of this agreement be considered an agent or
an agency of the other.
5. The District and Public Works shall indemnify and hold each other harmless from any loss, and
from any causes of action, suite at law or equity or claims or damages or for any liability of any
nature due to the actions of the other arising from the operation of this contract.
6. It is mutually understood and agreed that no alteration or variation of the terms of this
agreement shall be valid unless made in writing and signed by the parties.
Mason County Fire Protection District No. 11 Mason County,Washington
Commissioner Commissioner
Commissioner Commissioner
Commissioner Commissioner
Fire Chief Date Public Works Director Date
Approve as to Form
Tim Whitehead, Ch. DPA
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Mike Collins, RE, PLS, Deputy Director/County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: September 22, 2020 Agenda Item #
BRIEFING DATE: September 14, 2020
BRIEFING PRESENTED BY: Dave Smith and Loretta Swanson
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Fire protection and emergency medical services —
Public Works Facility property
BACKGROUND: On April 15, 2016, Mason County Commissioners authorized
Public Works to sign a contract between Mason County and Mason County Fire
District 11 for fire protection and emergency medical services to the County's Public
Works property/buildings off Hwy 101; which include inspections and fire
suppression services.
The current agreement expired at the end of 2019. Public Works requests Board
approval of a new fire protection agreement with a one-year term, January 1, 2020
through December 31, 2020, with the same cancellation process (30-day written
notice from either party) and service fee as the previous agreement.
RECOMMENDED ACTION:
Recommend the Board of County Commissioners approve the contract between
Mason County and Mason County Fire District 11 for fire protection, emergency
medical, inspections and fire suppression services to the County's Public Works
property/buildings located at 100 W. Public Works Drive.
ATTACHMENT:
1. Agreement
Briefing Summary 3/3/2022
MASON COUNTY PUBLIC WORKS DEPARTMENT
FIRE PROTECTION AGREEMENT
This Agreement is entered into between Mason County, Washington, (the County)and Mason County
Fire Protection District No. 11, hereafter referred to as"District" for services to the Mason County Public
Works Department, hereafter referred to as"Public Works".
WHEREAS,the District is organized and equipped to provide fire protection and emergency medical
services within and in the vicinity of its boundaries,and Public Works and the County desires that the
District provide such services to its property located within those boundaries, NOW THEREFORE;
1. Beginning on the date of approval by both parties hereto,the District shall provide fire protection
and emergency medical services to property owned by Public Works,through the County, lying
within the boundaries of the District.
2. In consideration for receiving fire protection and emergency medical services, Public Works,through
the County,shall pay the District the amount of$6,400.00 annually for the period beginning January
1,2016. The District will bill Public Works,through the County,any amount due under this
agreement on or before January 1 of each year.
3. This agreement shall be effective January 1, 2016 and end December 31,2019. Either the District or
Public Works,through the County, may cancel this contract upon giving 30 day's written notice of
intent to cancel.
4. This agreement is made pursuant to RCW 39.34.080. Public Works and the District shall each
perform all services and carry out all responsibilities under the terms of this agreement as
independent agencies and neither shall by virtue of this agreement be considered an agent or an
agency of the other.
S. The District and Public Works shall indemnify and hold each other harmless from any loss, and from
any causes of action, suite at law or equity or claims or damages or for any liability of any nature due
to the actions of the other arising from the operation of this contract.
6. It is mutually understood and agreed that no alteration or variation of the terms of this agreement
shall be valid unless made in writing and signed by the parties.
Mason County Fire Protection District No. it Mason County,Washington
C mission r Date Commissioner Date
Comm er Date Commissioner Date
Alzr,-zt - 4111 12,4 c �� � � 415 1,1-,
Commissioner Date Commissioner Date
T LLLIovo ..A , MW 4. U. gib
Fires Chiefi`� ate Public Works Director Date
MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING
March 7,2022
Briefing Items
• Final Cost Notification for County Road Force projects over$10k in 2021.
Discussion Items
Commissioner Follow-Up Items
Upcoming Calendar/Action Items
• Hearing set for March 15, 2022 @ 9:15am to consider public comment on the surplus of
Parcels 31917-22-91043 and 31917-22-91044.
Attendees:
Commissioners: Public Works: Other Dept. Staff: Public:
_Randy Neatherlin _Loretta Swanson
_Kevin Shutty _Mike Collins
_Sharon Trask _Richard Dickinson
Other(list below):
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: March 7, 2022
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, lease provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Information Technology ❑ Other— please explain
ITEM: County Force Construction Projects - 2021
Notification of Final Costs as per Chapter 36.77 RCW
BACKGROUND:
RCW 36.77.070 requires advertisement in County newspaper of construction
projects performed by county forces over $10k before projects initializes (brief
description of work and engineers estimate of cost) and after completed (similar
brief description of work with true and complete cost). The annual costs of projects
performed in-house are limited by a set statute.
Public Works is presenting to the Board a "Notification of Final Costs" of county force
construction projects completed during the previous year to meet the project
completion advertising requirements.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board execute the "Notification of Final Cost" of County Road
Construction projects completed in 2021 performed by county forces.
ATTACHMENT:
1. Notification of Final Cost
BY ORDER OF
THE BOARD OF COUNTY COMMISSIONERS OF
MASON COUNTY,WASHINGTON
NOTIFICATION OF FINAL COST
COUNTY ROAD CONSTRUCTION—2021
BE IT HEREBY ORDERED,that the undersigned Board of County Commissioners of
Mason County,Washington,gives official notification in conformance to RCW 36.77.070 of the
actual construction expenditures for county force construction projects in Mason County for year
2021 where the estimated cost of the work exceeds$10,000.
CRP/PROJ.# COUNTY ROAD NAME COUNTY FORCES PROJECT TOTAL DATE
2001 Homer Adams Road $413,009.94 $463,746.86 9/9/21
21-661-2 Snider Road $30,381.11 $ 33,264.21 6/7/21
21-661-1 Boyer Road $ 8,831.48 $ 11,207.22 7/7/21
2024 Highland Road $288,827.09 $357,932.74 10/4/21
**Total County Forces Expenditures: $741,049.62
*The preliminary cost estimate,covering the above-named project(s)was formerly
ordered on the indicated days,as provided by RCW 36.77.070.
**This figure satisfies the requirement of RCW 36.77.065.Mason County's 2021
County Forces Construction limit was$1,269,483.75.
DATED this day of ,2022.
BOARD OF COMMISSIONERS
CERTIFIED BY: MASON COUNTY,WASHINGTON
MIKE COLLINS,PE County Engineer KEVIN SHUTTY,Chair
ATTEST: SHARON TRASK,Vice Chair
MCKENZI ,SMITH,Clerk of the Board RANDY NEATHERLIN,Commissioner
APPROVE AS TO FORM
TIM WHITEHEAD,Ch.DPA
cc: Commissioners
Finance
JOURNAL: Publ.It.:324/2022(Bill: Mason County Dept.of Public Works)
Mason County Community Services — Briefing
March 7, 2022
Briefing Items
• Request to re-hire Environmental Health Specialist(EHS)—Alex Paysse
• Contract with Mason Health for Rural Communities Opioid Response Program—Lydia
Buchheit
• Resolution to allow Community Services Director to approve and sign certain contract
amendments for the Consolidated Contract(ConCon)—Dave Windom
• Public Health ConCon Amendment No. 2—Dave Windom
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Alex Paysse Action Agenda x
Public Hearing
Other
DEPARTMENT: Community Services, EH EXT: 279
DATE: 3/15/222 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 2/28/2022
BRIEFING PRESENTED BY: Alex Paysse
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Request to re-hire EHS
Background:
Community services is requesting to rehire a Temp Full Time EHS and change its
status to Regular Full Time. Last December, Casey Vaughn took a job with Dept. of
Ecology. This position was added to complete deliverables from our Pierce Co./ South
Sound PIC project which is funded to Sept. of 2022. We are looking to re-hire this
position to finish the remaining grant deliverables.
In addition, the position will assist with the implementation of our county-wide CWD
objectives. This provides a nice transition into more stable work for the position,
beyond the grant project end date.
Budget Impacts:
This position is budgeted. Funding provided by Pierce Co. contract SC-106521 and
CWD funding. After September, CWD funding will support the position entirely.
RECOMMENDED ACTION:
Approval to replace a Temporary Full Time EHS with a Regular Full Time EHS.
Attachment(s):
None
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Lydia Buchheit
Department: Community Services-Public Health Ext: 404
Briefing Date: 3/7/22
Previous Briefing Dates:
If this is a follow-up briefing, lease provide only new information
Internal Review (please check all that apply): ❑ Budget/Finance �] Human Resources
Legal Information Technology Other— please explain
Item: Our Rural Communities Opioid Response Program from HRSA requires us to have community
partners to fulfill the grant deliverables. Mason Health is one of our partners in this grant and
provides staff to fulfill grant. This is the contract with Mason Health for their services in this grant.
Executive Summary (If applicable, please include available options and potential solutions)
As one of our partners, Mason Health offers a project coordinator, Certified Peer Counselor and Data
Processor to meet the grant deliverables
Budgetpact:
None-Included in our 2022 budget.
Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.)
None
Recommended/Requested Action:
Move to Action Agenda for approval
Attachments:
Contract for Mason Health RCORP
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT#
THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as
"COUNTY" and Mason Health, hereinafter referred to as "CONTRACTOR."
Contracted Entity Mason Health
Address 1701 N 13th St (physical), P.O. Box 1668 (mailinq)
City, State, Zip Code Shelton, WA 98584
Phone 360-426-1611
Primary Contact Name, Title Amber Carlson, Director of Behavioral Health
Primary Contact Phone & E- 360-426-1611 ext. 26126
mail acarlson@masongeneral.com
Contractor Fiscal Contact Amber Carlson, Director of Behavioral Health
Contractor Fiscal Phone & 360-426-1611 ext. 26126
Email acarlson@masongeneral.com
Washington State UBI# 232002969
Federal EIN 910836763
Total Award/Contract Value $177,870
Contract Term Duration September 1, 2021-August 31, 2023
County Contract Contact Lydia Buchheit, Community Health Manager
County Contract Email & L d�(a co.mason.wa.us 360-427-9670 ext 404
Phone
County Fiscal Contact Casey Bingham, Fiscal Manager
County Fiscal Email & Phone CasevbOco.mason.wa.us 360-427-9670 ext. 562
PURPOSE
The purpose of this contract/grant is to assist the COUNTY in the delivery of chemical dependency or
mental health treatment programs and services pursuant to the Revised Code of Washington and
according to the Mason County 5-year plan.
COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract
and EXHIBITS and have executed this contract on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this contract are governed by this
contract including Special Conditions, General Terms and Conditions, Exhibits, and the following
other documents incorporated by reference: RFP Application, instructions and disclosures.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Mason Health
Agency Ij e
r Kevin Shutty, Chair
Authorized Signature ' Date
Mark Batty, Chief Operating Officer APPROVFED AS TO FORM:
Print Name &Title ` l
2/25/2022 T
Tim Whitehead;-Chief DPA
Date
Professional Services Contract (rev 05/2020) Page 1
Special Conditions
CONTRACTOR agrees to the following: The award of funds does not guarantee that the
CONTRACTOR will receive funding if special conditions are not met. The following documents are
requirements and must be received within 30 days of contract award starting date for the
CONTRACTOR to submit an invoice and receive funding.
1. CONTRACT REQUIREMENTS to receive funding:
a. Certificate of Insurance (see requirements Exhibit B)
Funding Source: Rural Communities Opioid Response Program-HRSA
General Terms and Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in
Exhibit A SCOPE OF SERVICES, instructions, and disclosures during the CONTRACT period. No
material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the
CONTRACT.
Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed
at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both
parties hereto agree to such provision in writing. The term of this CONTRACT follows the term of the
funding source.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor,
and nothing herein contained shall be construed to create a relationship of employer-employee. All
payments made hereunder, and all services performed shall be made and performed pursuant to this
CONTRACT by the CONTRACTOR as an independent contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to:
vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other
rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it
maintains a separate place of business, serves clients other than COUNTY, will report all income and
expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with
the State of Washington Department of Revenue for payment of all sales and use and Business and
Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and
will pay all taxes related to the receipt of payments from the COUNTY.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees
from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees
or costs incurred by reason of claims or demands because of breach of the provisions of this
paragraph.
Payment:
COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to
the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all
reporting to a satisfactory level. Monthly expenditures will be reported via agencies invoice..
Payment is on the assumption that Federal, State and local funds are available to the COUNTY for
disbursement to the CONTRACTOR and have been expended and program requirements met, or
earlier in the event of non-compliance. If Federal, State or local funds are not available to the
COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the
maximum contract total. The term of this CONTRACT begins on the Effective Date, and the
' Professional Services Contract (rev 05/2020) Page 2 '
CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the
effective date. The CONTRACT end date is August 31, 2023 or earlier in the event of non-
compliance.
Payment Information:
CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing
the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails
to provide such information in response to the COUNTY'S written request, then the COUNTY may
withhold payments to CONTRACTOR until CONTRACTOR provides such information.
Budget:
CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as
specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will
follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e.
operations, administration, facilities support). Budget transfers will not be made unless approved by
the COUNTY. Late requests will not be accepted.
Duplicate Payment:
The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any
other party under any other Grant, subgrant/subcontract, or agreement, for the same services or
expenses. If it is determined that CONTRACTOR has received duplicate payment, the
CONTRACTOR must pay back the COUNTY for these expenses.
Recordkeeping:
CONTRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and
expenditures of contract funds. These records, as well as supporting documentation, will be archived
by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR
agrees to make such books, records, and supporting documentation available to the COUNTY for
inspection when requested.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in
"Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based
upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of
work performed and amounts earned, including, where appropriate, the actual number of days worked
each month, total number of hours for the month, and the total dollar payment requested, to comply
with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this
CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative
Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the
CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon
receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly,
in accordance with COUNTY's customary procedures.
Reporting and Other Contract Requirements:
CONTRACTOR agrees to submit program and expense reports, as well as perform all other
requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves
the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in
program reports, financial activity reports, or any other reports submitted to the COUNTY with respect
to the program.
Federal and State Benchmarks, Data Collection, and Evaluation:
The Department of Housing and Urban Development (HUD) and the Department of Commerce may
require additional reporting of programs and continuums of care directly or indirectly related to the
funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness,
Professional Services Contract (rev 05/2020) Page 3 ,
Housing Inventory Report, Annual Performance Report, Point in Time Count and System
Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet
individual benchmarks that contribute to the system and will fulfill the data collection and reporting
requirements specified at the time of the request. It will be the obligation of the COUNTY
representatives, CONTRACTOR, and other contractors to provide protections and assurances
regarding the confidentiality of data, samples of work (in any media format) and/or interview
comments provided by participants. CONTRACTOR also agrees to provide the COUNTY with the
results of any independent or self-directed evaluation or research undertaken in respect to the funded
program.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the
times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts
otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured
or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling
CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to
the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten
(10) days after it determines to withhold amounts otherwise due. A determination of the
Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the
amount required to cure any alleged failure to perform shall be deemed conclusive, except to the
extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the
Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the
Administrative Officer which has become conclusive under this clause, without prejudice to any other
remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or
default, (2) to pay any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the
CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes
clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by
COUNTY under this clause.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State
income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to
withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the
CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in
accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make
the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely
liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The
CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from
the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required
by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and
Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to
which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any
employment rights whatsoever and shall not be deemed to guarantee any employment of
CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any
sub-contractor by COUNTY now or in the future.
Intellectual Property:
CONTRACTOR shall retain all copyrights and other intellectual property rights to written work
produced because of this award, including but not limited to, work product listed in SCOPE OF
SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty-
Professional Services Contract (rev 05/2020) Page 4
free license to access, reproduce, publish, copy, or otherwise use such written work. Program
materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party,
on a worldwide, non-exclusive basis and without fee in connection with their own educational or
program purposes, but may not be used in connection with sales or distribution for profit. The owner
must approve any use of project materials not specifically permitted under this provision, in advance
and in writing. As appropriate, all materials shall contain an attribution of ownership.
Third-Party Rights:
CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT
will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived
from the intellectual property of any third party, without the COUNTY'S prior written consent.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes
insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an
assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR
in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work
elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to
receive any further payments under the CONTRACT until all work called for has been fully performed.
Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any
money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses
incurred by COUNTY in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason that
CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the
notice of termination had been issued pursuant to the Termination for Public Convenience paragraph
hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its
sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is
terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual
work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the
CONTRACT price for partially completed items of work will be made, but such adjustment shall not
include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this
CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not
constitute breach of CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole
discretion, that such termination is necessary due to a decrease in available project funding including
State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this
paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance
with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that
such matters may be settled, or other appropriate action promptly taken. For objections that are not
made in the manner specified and within the time limits stated, the records, orders, rulings,
instructions, and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given
COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act,
' Professional Services Contract (rev 05/2020) Page 5 '
failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of
Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional
compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the
amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work
performed, labor and material used, and all costs and additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension
of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the
claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a
detailed written statement of each element of cost or other compensation requested and of all
elements of additional time required, and copies of any supporting documents evidencing the amount
or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in court
or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim,
dispute or controversy between the parties under, arising out of, or related to this CONTRACT or
otherwise, including issues of specific performance, shall be determined by arbitration in Shelton,
Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date
hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within
ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar
credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by
the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable
relief (including specific performance), or any other remedy available from a judge, including
expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have
the power to award punitive damages. The decision of the arbitrator shall be final and binding and an
order confirming the award or judgment upon the award may be entered in any court having
jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive
remedy between them regarding any dispute presented or pled before the arbitrator. At the request of
either party made not later than forty-five (45) days after the arbitration demand, the parties agree to
submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date;
provided, that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within
six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is
commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing
in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or
demand for arbitration issued under this Agreement are not subject to arbitration.
Change in Personnel
The success of the approved program is largely contingent on the approved staffing identified in the
proposal application and/or related to the final award amount and related services. Should there be
any material change in job description, level of authority, or employment status of program staffing (or
projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY
requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and
includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly
updates after the written notice and plan until the staffing change is resolved.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not
limited to those pertaining to payment of wages and working conditions, in accordance with RCW
39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act;
and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing
wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in
surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety
as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of
Washington.
' Professional Services Contract (rev 05/2020) Page 6 1
Equipment Purchase, Maintenance, and Ownership
The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract
funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will
be used only for the program funded. The CONTRACTOR agrees to establish and maintain
transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance
records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for
any loss or damage to property of the COUNTY that results from the negligence of the contractor or
that results from the failure on the part of the contractor to maintain and administer that property in
accordance with sound management practices. In the case of Early Termination, the CONTRACTOR
agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in
writing by the CONTRACTOR and the COUNTY.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting
approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any
applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of
the subcontractor during the contract term to assure fiscal conditions and performance metrics are
met. COUNTY will be included on any audit or monitoring activities and reports.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or
any of its employees involved in the performance of this CONTRACT shall have or develop an interest
in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then
CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be
made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or
not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or
potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the
conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein
for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment
for all qualified applicants and employees without regard to race, color, creed, religion, national origin,
sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply
with all laws prohibiting discrimination against any employee or applicant for employment on the
grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status,
disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall
take affirmative action to ensure that applicants are employed, and treated during employment,
without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual
orientation, disability, or veteran status, except where such constitutes a bona fide occupational
qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or
terminations, rate of pay or other forms of compensation benefits, selection for training including
apprenticeship, and participation in recreational and educational activities. In all solicitations or
advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all
qualified applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing
provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw
materials, or to sole proprietorships with no employees.
Professional Services Contract (rev 05/2020) Page 7 '
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin,
sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or
business any service or benefits under this CONTRACT; or subject an individual or business to
segregation or separate treatment in any manner related to his/her/its receipt any service or services
or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to
participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to
require another person or corporation to refrain from submitting a proposal to or performing work or
providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future,
directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or
proposal to or from performing work or providing supplies to COUNTY.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY; to the extent such action is based on the claim that information supplied by
the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and
damages attributable to any such claims that are finally awarded against COUNTY in any action.
Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such
claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality
of all information provided by COUNTY or acquired by CONTRACTOR in performance of this
CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after
having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY
notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall
indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense,
including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from
CONTRACTOR's breach of this provision. Public Hospital District No. 1 (Contractor) is a Washington
municipal corporation, a government entity that is subject to the requirements of the Washington
Public Records Act, Chapter 42.56 of the Revised Code of Washington (the "Act"). Contractor agrees
that upon receiving any request pursuant to the Act for public access to or disclosure of information
associated with this contract or any other confidential information as defined by this agreement of
COUNTY in Contractor's possession or control, Contractor will notify COUNTY of such request and
provide at least 5 days written notice of such request prior to public disclosure of the documents.
COUNTY may take such efforts to assert or exercise any rights available to COUNTY under the Act to
prevent or limit such public disclosure or access at COUNTY's sole and exclusive expense.
Notwithstanding the return by Contractor of confidential information or documents to COUNTY,
COUNTY shall provide any documents in COUNTY's custody or control that may be necessary for
Contractor to comply with the Act.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its
designee shall have the right to review and monitor the financial and service components of this
program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's
Auditor's Office. Such review may occur with or without notice and may include, but is not limited to,
on-site inspection by COUNTY agents or employees, inspection of all records or other materials which
COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications
with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and
Professional Services Contract (rev 05/2020) Page 8
maintain all financial records and records relating to the performance of work under this CONTRACT
for six (6) years after CONTRACT termination, and shall make them available for such review, within
Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the
Administrative Officer in advance of any inspections, audits, or program review by any individual,
agency, or governmental unit whose purpose is to review the services provided within the terms of
this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to
notify the Administrative Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit B-Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment
to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of
full compliance, payments not otherwise subject to withholding or set-off will be released to
CONTRACTOR.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers,
agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised
Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the
obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim
brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by
the parties to this CONTRACT.
Contractor Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding
upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph.
Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages
to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution
of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of
services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or
warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to
indemnify, defend and hold COUNTY and its departments, elected and appointed officials,
employees, agents and volunteers, harmless from and against any and all claims, damages, losses
and expenses, including but not limited to court costs, attorney's fees and alternative dispute
resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any
damage to or destruction of any property (including the loss of use resulting there from) which 1) are
caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its
employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or
volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with
performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of,
presence upon or proximity to the property of COUNTY. This indemnification obligation of
CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense
is caused by the negligence of COUNTY to the extent of COUNTY's negligence. This indemnification
obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial
Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability
benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any
immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are
a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's
compensation, and have been mutually negotiated by the parties.
' Professional Services Contract (rev 05/2020) Page 9 '
Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate
in the defense of any claim, damages, losses or expenses and such participation shall not constitute a
waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S
indemnity obligations shall survive the completion, expiration or termination of this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent
allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a
basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America,
the State of Washington, political subdivisions of the State of Washington and Mason County.
CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards
for licensing, certification and operation of facilities and programs, and accreditation and licensing of
individuals.
Conflict of Interest
Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY
may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after
due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service
Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed
pursuant to the contract.
Unilateral Contract Changes
The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering
errors or other minor grammar or punctuation error without the need to amend the agreement. The
CONTRACTOR shall be notified when any correction take place and will be provided with a corrected
copy of the contract.
Contract Monitoring and Program Review
CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review
CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own
expense, to conduct an independent financial and/or programmatic audit of the expenditures related
to this contract.
Administration Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community
Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the
Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including
COUNTY's right to receive and act on all reports and documents, and any auditing performed by the
COUNTY related to this CONTRACT.
The Administrative Officer for purposes of this CONTRACT is:
Lydia Buchheit, Community and Family Health & Human Services Manager
Mason County Community Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 404
Fax: 360-427-7787
E-mail: LydiaB(o-)_co.mason.wa.us
Financial Contact:
Casey Bingham, Finance Manager
Mason County Public Health and Human Services
' Professional Services Contract (rev 05/2020) Page 10 '
415 N. 6th Street
Phone: 360-427-9670 Ext. 562
Fax: 360-427-7787
E-mail: casevb(c)-co.mason.wa.us
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except
service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer
under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S.
mail, fax, hand-delivery or other generally accepted manner including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid
and binding upon either party, shall be in writing and signed by both of the parties.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the
terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of
Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be
governed by the laws of Mason County and the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications
which can be given effect without the invalid term, condition or application. To this end, the terms and
conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or
subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or
deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to
insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option
herein conferred in any one or more instances, shall not be construed to be a waiver or
relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in
full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of
Management and Budget (OMB) circulars and federal and state executive orders.
B. Special Conditions
C. General Terms & Conditions
D. Exhibit B Insurance Requirements
E. Exhibits A, C
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties
' Professional Services Contract (rev 05/2020) Page 11 '
EXHIBIT A SCOPE OF SERVICE
Program: Rural Communities Opioid Response-Implementation
Program Description:
Engage in and accomplish harm reduction, prevention, treatment, and recovery activities
as per RCORP deliverables in conjunction with other RCORP Consortium members,
other Mason Health staff/programs, and the larger Mason County community.
A 0.20 FTE Project Coordinator will facilitate program development and implementation;
supervise Certified Peer/Community Health Worker staff; provide administrative oversight
and coordination forthe Mason Health sub-contracted funding, expenditures and monitoring
compliance with the terms and conditions of the grant, including keeping records suitable
for audit as well as all applicable federal, state, and other regulations listed in the grant
award, and adhering to public hospital districtpolicies, and similar.
A 1.0 FTE Certified Peer Counselor (CPC) will be responsible for accomplishing prevention,
treatment, and recovery activities around engaging Mason Health patients and the
community in evidence-based messages and education; reducing stigma and barriers to
care; harm reduction education; enabling individuals to locate, access, and navigate
treatment and recovery support services for SUD/OUD, including social supports like
transportation, housing, employment assistance,child care, and legal aid.
A 0.10 FTE Data Processor will collect and process data from the electronic medical records to
be usedfor the bi-annual PIMS report in year 2 and 3.
Program Expectations:
• Mason Health staff will participate in regular Consortium meetings.
• Mason Health will keep current on reporting and data collection, utilizing mechanisms
in placeand developing new procedures if needed.
• Peer will meet with Mason Health patients through referrals from the
Behavioral Health Department, Emergency Department, and clinics.
• The Peer will share lived experience regarding behavioral health challenges and
path of recovery with program participants to foster engagement, a sense of safety,
motivation, andhope for a chance of recovery.
• Peer will assist other RCORP partners and programs as needed in providing services
for the larger SUD community and their loved ones to break down barriers for
SUD/OUD prevention,treatment, and recovery.
• Peer may participate in community outreach activities as needed with OHRS and
COUNTY staff.
• Program Coordinator will work to expand SLID programming in Mason Health,
including butnot limited to MAT access, stigma reduction, and recovery supports.
• Research and understand Mason County's (and beyond) Behavioral Health and
recovery support system, so that referrals and the appropriate coordination of
services takes place.
• Attend local stakeholder meetings when appropriate.
Performance/Reporting and Deliverables:
Mason Health will adhere to all RCORP reporting deliverables, including quarterly reports,
bi-annualPerformance Improvement Measurement System, sustainability plans, and other
requirements as needed.
' Professional Services Contract (rev 05/2020) Page 12 ,
EXHIBIT B
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability"
policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an
additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to
limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law
with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no
less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned
and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined
single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's
employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of
personal auto liability coverage for each such person.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within
thirty (30) days of CONTRACT execution.
C. Basic Stipulations:
1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional
insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition
date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else
involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply
with these provisions.
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of
any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to
COUNTY or must specifically allow the named insured to waive subrogation prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional requirements
by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect
COUNTY's protection without COUNTY's prior written consent.
CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY,
consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional
insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG
20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide
complete, certified copies of any policies required within 10 days of such request. COUNTY has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid
by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due
CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under
these requirements to obtain proof of insurance required under this CONTRACT in no way waives any
right or remedy of COUNTY or any additional insured, in this or in any other regard.
' Professional Services Contract (rev 05/2020) Page 13 ,
5. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided
by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis
in relation to any other insurance or self-insurance available to COUNTY.
6. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the
insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its
obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-
insured retention must be declared to the COUNTY. The COUNTY may review options with
CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of
other coverage, or other solutions.
7. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or
agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies
whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is
not effective until COUNTY executes a written statement to that effect.
8. The limits of insurance as described above shall be considered as minimum requirements. Should any
coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability
that exceed the required limits or coverage that is broader than as outlined above, those higher limits and
broader coverage shall be deemed to apply for the benefit of any person or organization included as an
additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs
and Sections of this CONTRACT.
9. None of the policies required herein shall be in compliance with these requirements if they include any
limiting endorsement that has not been first submitted to COUNTY and approved of in writing.
10. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the
extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
11. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be
by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII.
12. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT
limits the application of such insurance coverage.
13. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to
cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage,
other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any
subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this
agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any
cancellation of coverage.
14. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and
types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and
CONTRACTOR may renegotiate CONTRACTOR's compensation.
15. Requirements of specific coverage features are not intended as limitation on other requirements or as
waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is
for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured
to be all-inclusive.
16. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no
obligationor liability by such notice but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve COUNTY.
' Professional Services Contract (rev 05/2020) Page 14 '
EXHIBIT C
BUDGET
Submit monthly payment request and ledger electronically to Christina Muller-Shinn at
CMuller-ShinnCa.co.mason.wa.us.
Mason Item Year 1 Year 2 Year 3 Total Grant
Health Amount
Personnel 1.0 FTE Peer @ 37,135 $67,697 $67,697 $135,394
0.20 FTE Project
Coordinator @ 20,306
0.10 FTE Data
Processor $10,256
Fringe 1.0 FTE Peer @ $21,238 $21,238 $42,476
Benefits $12,069
0.20 FTE Project
Coordinator @ $6,092
0.10 FTE Data
Processor A 3,077
Total $88,935 $88,935 $177,870
Payment:
Funding will be disbursed upon submitting the program reports and expenditure invoice according to
the vendor payment schedule of the County Assessor's Office.
Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable,
and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual
expenditures incurred each month. Payment is considered timely when paid within thirty days from
the date the invoice was approved.
' Professional Services Contract (rev 05/2020) Page 15 '
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: Community Services EXT: 260
BRIEFING DATE: March 7, 2022
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Place on Commission agenda a vote to allow Mason County Community
Services Director signature authority for contracts and amendments for changes in
amendments to the Consolidated Contract with the Department of Health.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions)The Department of Community Services enters into small
contracts with local and state partners to execute various grant deliverables and to
assist partners in achieving the goals of Mason County. From time to time DOH
provides amendments to the CONCON with changes to funding or dates of
deliverables. This has been the relationship with DOH for greater than 20 years.
Pushing these minor changes to the contract through the briefing/commission process
slows the adoption by several weeks. This change would allow the Director of Mason
County Community Services to sign and return contracts and contract amendments in
a timelier manner and would be reported at the next regularly scheduled Board of
Commissioners meeting. The main CONCON which is renewed every two years would
be briefed and voted in the normal manner. New programs in the Amendments would
be briefed and voted in the normal manner.
BUDGET IMPACTS: None
RECOMMENDED OR REQUESTED ACTION: Request approval
ATTACHMENTS: Resolution
Briefmg Summary 3/2/2022
RESOLUTION NO.
A Resolution Amending Resolution No. 2020-74 Authorizing the Mason County
Community Services Director to Approve and Sign Certain Contract Amendments
WHEREAS, the Department of Community Services enters into State Department of Health
contracts known as the Consolidated Contract (ConCon) with both local and state partners to execute
various grant deliverables and to assist partners in achieving the goals of Mason County; and
WHEREAS, amendments to the ConCon are issued from time to time as programs change and
funding levels change; and
WHEREAS,the ConCon with the Department of Health is renewed biannually with amendments
periodically to cover changes; and
WHEREAS,delays in amendment approval costs the department the ability to access those dollars
for continuing programs; and
WHEREAS, contracts are passed through the Prosecutor's Office for legal review; and
WHEREAS,allowing the Mason County Community Services Director to sign certain amendments
will shorten the turnaround time in the signature process; and
WHEREAS, amendments will be briefed to the Board of County Commissioners at the next
regularly scheduled briefing;and
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason
County hereby authorize the Mason County Community Services Director to approve and sign
Consolidated Contract(ConCon)amendments that do not add new programs to the statement of work.
DATED this day of ,2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith,Clerk of the Board Randy Neatherlin,Commissioner
APPROVED AS TO FORM:
Kevin Shutty,Commissioner
Tim Whitehead,Chief Deputy Prosecuting
Attorney Sharon Trask,Commissioner
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: MCCS EXT: 260
BRIEFING DATE: March 7, 2022
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information NA
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal x1i Other — please explain
ITEM: Public Health ConCon Amendment #2
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): Exhibit A, Statement of Work Contract Term 2022-2024. Amendment 2 reflects work that
is carry over from the previous contract and was not included in Amendment 1 od the 22-24 ConCon.
This affects injury and violence protection, perinatal Hepatitis B, Public Health Emergency
Preparedness, COVID Cares, COVID Ed COVID ELC,
BUDGET IMPACT: None —these items were submitted for the budget last fall
PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community
meetings, etc.)
Briefing and action agenda
RECOMMENDED OR REQUESTED ACTION: Move to action agenda with the arrival of
Exhibit B
ATTACHMENTS: Amendment 2 Statement of Work
Briefing Summary 3/2/2022
Exhibit A
Statement of Work
Contract Term:2022-2024
DOH Program Name or Title: DCHS-ELC COVID-19 Response- Local Health Jurisdiction Name: Mason County Public Health
Effective January 1,2022
Contract Number: CLH31019
SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment
®Federal Subrecipient (check if applicable) ®Reimbursement
Period of Performance: January 1,2022 through December 31,2022 ❑ State ®FFATA(Transparency Act) ❑Fixed Price
❑Other ❑Research&Development
Statement of Work Purpose: The purpose of this statement of work(SOW)is to provide supplemental funding for the LHJ to ensure adequate culturally and lingquistically
responsive testing,investigation and contract tracing resources to limit the spread of COVID-19.This funding is the estimated carryforward amount.
Revision Purpose: N/A
Master Assistance BARS Allocation
LHJ Funding Period Chan e
Index Listing Revenue Current g Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation
FFY19 ELC COVID ED ALLOCATION 1897129G 93.323 333.93.32 01/01/22 10/18/22 0 243,027 243,027
FFY20 ELC EDE LHJ ALLOCATION 1897120E 93.323 333.93.32 01/01/22 12/31/22 0 894,854 894,854
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 0 1,137,881 1,137,881
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
Participate in public health emergency preparedness and response activities for COVID-19.This may include surveillance,epidemiology,laboratory capacity,infection control,
mitigation,communications and or other preparedness and response activities for COVID-19.
Examples of key activities include:
• Incident management for the response
• Testing
• Case Investigation/Contact Tracing
• Sustainable isolation and quarantine
• Care coordination
• Surge management
• Data reporting
Exhibit A, Statement of Work Page 1 of 7 Contract Number CLH31019
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
NOTE:The purpose of this agreement is to supplement existing funds for local health jurisdictions to carry out surveillance,epidemiology,case investigations and contact
tracing,laboratory capacity,infection control,mitigation,communications,community engagement,and other public health preparedness and response activities for COVID-19.
DCHS COVID-19 Response
1 Establish a budget plan and narrative to be submitted to the Submit the budget plan and narrative using Within 30 days of Reimbursement of actual
Department of Health(DOH)Contract Manager. DOH will the template provided. receiving any new award costs incurred,not to
send the"Budget narrative Template","Budget Guidance"and for DCHS COVID-19 exceed:
any other applicable documents that may be identified. Response tasks.
$243,027 FFY19 ELC
2 1) LHJ Active monitoring activities.In partnership with WA Data collected and reported into DOH Enter performance metrics COVID ED LHJ
DOH and neighboring Tribes,the LHJ must ensure systems daily. daily into DOH identified ALLOCATION Funding
adequate culturally and linguistically responsive testing, systems (MI 1897129G)
investigation and contact tracing resources to limit the Funding end date
spread disease.LHJs must conduct the following activities Quarterly performance 10/18/2022
in accordance with the guidance to be provided by DOH. reporting updates
$894,854 FFY20 ELC
a. Allocate enough funding to ensure the following EDE LHJ ALLOCATION
Contact Tracing and Case Investigation Support:Hire a Funding(MI 1897120E)
minimum of 1.0 data entry FTE to assure system Funding end date
requirements for task 2.I.a. 7/31/2023
i. Contact tracing
I. Strive to maintain the capacity to surge a Enter all contact tracing data in CREST
minimum of five(5)contact tracers for every following guidance from-DOH.
100,000 people in the jurisdiction,as needed,
based on disease rates.DOH centralized
investigations will count towards this
minimum.
2. Have staff that reflect the demographic
makeup of the jurisdiction and who can
provide culturally and linguistically
competent and responsive services.In
addition,or alternatively,enter into an
agreement(s)with Tribal,community-based
and/or culturally-specific organizations to
provide such services.DOH centralized
investigations will count towards this
minimum.
3. Ensure all contact tracing staff are trained in
accordance with DOH investigative guidelines
and data entry protocols.
4. Coordinate with Tribal partners in conducting
contact tracing for Tribal members.
Exhibit A,Statement of Work Page 2 of 7 Contract Number CLH31019
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
5. Ensure contact tracing and case investigations
activities meet DOH case and Contact Tracing
Metrics. (Metrics to be determined
collaboratively by DOH,LHJs and Tribes.)
Work with DOH to develop a corrective
action plan if unable to meet metrics.
6. Perform daily monitoring for symptoms
during quarantine period of contacts
ii. Case investigation
1. Strive to maintain the capacity to surge a
minimum of five(5)case investigators and
contact tracers for every 100,000 people in the
jurisdiction,as needed,based on disease rates.
DOH centralized investigation will count
toward this minimum.
2. Enter all case investigation and outbreak data Enter all case investigation data in WDRS
in WDRS following DOH guidance. following guidance from-DOH.
a) Strive to enter all case investigation and
outbreak data into CREST as directed by
DOH.
b) Ensure all staff designated to utilize
WDRS have access and are trained in the
system.
c) Include if new positive cases are tied to a
known existing positive case or indicate
community spread.
d) Conduct case investigation and monitor
outbreaks.
e) Coordinate with Tribal partners in
conducting case investigations for tribal
members.
3. Ensure contact tracing and case investigation
activities meet DOH Case and Contact
Tracing Metrics.(Metrics to be determined
collaboratively by DOH,LHJs,and Tribes.)
Work with DOH to develop a corrective
action plan if unable to meet metrics.
b. Testing
i. Work with partners and Tribes to ensure testing is
available to every person within the jurisdiction
meeting current DOH criteria for testing and
other local testing needs.
Exhibit A,Statement of Work Page 3 of 7 Contrast Number CLH31019
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
ii. Work with partners and Tribes to ensure testing is
provided in a culturally and linguistically
responsive manner with an emphasis on making
testing available to disproportionately impacted
communities and as a part of the jurisdiction's
contact tracing strategy.
iii. Maintain a current list of entities providing Maintain a current list of entities providing
COVID-19 testing and at what volume.Provide COVID-19 testing and at what volume.
reports to DOH on testing locations and volume Provide reports to DOH Contract manager
as requested. on testing locations and volume as
requested.
c. Surveillance FTE support at a minimum of.5 FTE
Epidemiologist to support daily reporting needs below.
i. Ensure all COVID positive lab test results from Ensure all COVID positive test results are
LHJ are entered in to WDRS by 1)entering data entered into WDRS within 2 days of
directly in to WDRS,2)sending test results to DOH receipt
to enter,or 3)working with DOH and entities
conducting tests to implement an electronic method
for test result submission.
ii. Maintain records of all COVID negative lab test
results from the LHJ and enter into WDRS when
resources permit or send test results to DOH.
iii. Collaborate with Tribes to ensure Tribal entities
with appropriate public health authority have
read/write access to WDRS and CREST to ensure
that all COVID lab results from their jurisdictions
are entered in WDRS or shared with the LHJ or
DOH for entry.
d. Tribal Support. Ensure alignment of contact tracing
and support for patients and family by coordinating Quarterly performance updates related to
with local tribes if a patient identified as American culturally and linguistic competency and
Indian/Alaska Native and/or a member of a WA tribe. responsiveness,tribal support,infection
prevention and control for high-risk
e. Support Infection Prevention and control for high-risk populations,community education and
populations regional active monitoring activities.
i. Migrant and seasonal farmworker support. Performance update should include status
Partner with farmers,agriculture sector and of all projects listed.
farmworker service organizations to develop and
execute plans for testing,quarantine and
isolation,and social service needs for migrant and
seasonal farmworkers.
Exhibit A, Statement of Work Page 4 of 7 Contract Number CLH31019
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
ii. Congregate care facilities: In collaboration with
the state licensing agency(DSHS),support
infection prevention assessments,testing.
Infection control and isolation and quarantine
protocols in congregate care facilities.
iii. High risk businesses or community-based
operations. In collaboration with state licensing
agencies and Labor and Industries,partner with
food processing and manufacturing businesses to
ensure adequate practices to prevent COVID-19
exposure,conduct testing and respond to
outbreaks.
iv. Healthcare: Support infection prevention and
control assessments,testing,cohorting,and
isolation procedures.Provide educational
resources to a variety of healthcare setting types
(e.g.,nursing homes,hospitals,dental, dialysis).
v. Non-healthcare settings that house vulnerable
populations:In collaboration with state
corrections agency(DOC)and other state
partners,support testing,infection control,
isolation and quarantine and social services and
wraparound supports for individuals living or
temporarily residing in congregate living settings,
including detention centers,prisons,jails,
transition housing,homeless shelters,and other
vulnerable populations.
vi. Schools:In collaboration with OSPI and local
health jurisdictions,support infection prevention
and control and outbreak response in K-12 and
university school settings.
f. Ensure adequate resources are directed towards 112A
housing facilities within communities,fishing
industries and long-term care facilities to prevent and
control disease transmission.Funds can be used to hire
support staff,provide incentives or facility-based
funding for onsite infection prevention efforts,etc.
g. Community education. Work with Tribes and partners
to provide culturally and linguistically responsive
community outreach and education related to COVID-
19.
Exhibit A,Statement of Work Page 5 of 7 Contract Number CLH31019
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
h. Establish sustainable isolation and quarantine
measures.
i. Have at least one(1)location identified and Quarterly performance updates to include
confirmed through contract/formal agreement that name,address and capacity of identified
can support isolation and quarantine adequate to location that can support isolation and
the population for your jurisdiction with the quarantine,and confirmation of
ability to expand;alternatively,establish with an appropriate planning and coordination as
adjacent jurisdiction a formal agreement to required.
provide the isolation and quarantine capacity
adequate to the population for your jurisdiction
with the ability to expand.
ii. Maintain ongoing census data for isolation and Report census numbers to include historic
quarantine for your population. total by month and monthly total for
iii. Planning must incorporate transfer or receipt of current quarter to date
isolation and quarantine patients to from adjacent
jurisdictions or state facilities in the event of
localized increased need.
Planning must incorporate triggers and coordination to request
state isolation and quarantine support either through mobile
teams or the state facility to include site identification and
access
DOH Program and Fiscal Contact Information for all ConCon SOWS can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other
finance-related inquiry,may be sent to finance(o)doh.wa.gov.
Federal Fundine Accountability and Transparency Act(FFATA)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System (DUNS®)number.
Information about the LHJ and this statement of work will be made available on USASpending:gov by DOH as required by P.L. 109-282.
Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.)
CDC Funding Regulations and Policies:https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-Research-Awards.pdf
Monitoring Visits(frequency,type)
The DOH program contact may conduct monitoring visits during the life of this project.The type,duration,and timing of visit will be determined and scheduled in cooperation
with the subawardee.The DOH Fiscal Monitoring Unit may conduct fiscal monitoring site visits during the life of this project
All work will be performed in accordance with the revised and approved project plans to be submitted to DOH.
Exhibit A, Statement of Work Page 6 of 7 Contract Number CLH31019
Special Billing Requirements
Payment: Upon approval of deliverables and receipt of an invoice voucher,DOH will reimburse for actual allowable costs incurred. Billings for services on a monthly fraction of
the budget will not be accepted or approved.
Submission of Invoice Vouchers: The LHJ shall submit correct monthly A19-IA invoice vouchers for amounts billable under this statement of work to DOH by the 25th of the
following month or on a frequency no less often than quarterly.
Other: Required activities,deliverables,and funding is for the entire project period:January 2021 through specified date above. Unspent funds and tasks not completed by
December 31,2021 were reauthorized for work in this new consolidated contract term beginning January 1,2022. It is the LHJ's responsibility to assure that the unspent funding
amount carried forward to this statement of work does not exceed the remaining available balance from the 2018-2021 contract.
Exhibit A,Statement of Work Page 7 of 7 Contract Number CLH31019
Exhibit A
Statement of Work
Contract Term:2022-2024
DOH Program Name or Title: ELC COVID-19-Effective January 1,2022 Local Health Jurisdiction Name: Mason County Public Health
Contract Number: CLH31019
SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment
®Federal Subrecipient (check if applicable) ®Reimbursement
Period of Performance: January 1,2022 through April 22,2022 ❑ State ®FFATA(Transparency Act) ❑Fixed Price
❑Other ❑Research&Development
Statement of Work Purpose: The purpose of this statement of work is to build and strengthen epidemiology,laboratory and health information systems capacity in local health
jurisdictions.The funding allocation is the estimated carryforward amount.
Revision Purpose: N/A
Master Assistance BARS Allocation
LHJ Funding Period Chan e
Index Listing Revenue Current g Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation
FFY19 COVID CARES 1891029B 93.323 333.93.32 01/01/22 04/22/22 0 65,595 65,595
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 0 65,595 65,595
Task Due Payment
# Activity Deliverables/Outcomes Date/Time Information and/or
Frame Amount
1 Establish a spending plan and staffing proposal to support the work of COVID-19 case investigation Submit spending plan August 15, Payment for all
and contact tracing. The spending plan and staffing proposal should include proposed positions and and staffing proposal 2020—update tasks will be
define roles. summary to the DOH if necessary reimbursement for
Contract Manager. actual expenses up
2 Hire,orient and/or train staff based on the negotiated staffing proposal.Develop a training plan in Staff summary and September 30, to the maximum
consultation with DOH that is consistent with the DOH COVID-19 guideline.Training plan will be training plan 2020 available within the
flexible depending on staff experience and based on for onboarding into news stems. funding periods for
3 Conduct case investigations,contact tracing and monitoring in accordance with DOH COVID-19 Data collected and Daily each source
Infection Reporting and Surveillance Guidelines(DOH 420-107),Appendix 1:Case and Contact reported into DOH described in the
Investigation,pages 16-21:https://www.doh.wa.gov/Portals/l/Documents/5100/420-107-Guideline- systems Funding Table
COV1D-19. df I above.
Exhibit A,Statement of Work Page 1 of 2 Contract Number CLH31019
Template September 2021
DOH Program and Fiscal Contact Information for all ConCon SOWS can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other
finance-related inquiry,may be sent to finance(a)doh.wa.gov.
Federal Fundine Accountability and Transparency Act(FFATA)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number.
Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282.
Restrictions on Funds(what funds can be used for which activities,not direct payments,etc)
CDC Funding Regulations and Policies
h!Ws://www.cdc.@ov/,grants/documents/General-Terms-and-Conditions-Non-Research-Awards.pdf
Monitoring Visits(frequency,type)
The DOH program contact may conduct monitoring visits during the life of this project.The type,duration,and timing of visit will be determined and scheduled in cooperation
with the subawardee.The DOH Fiscal Monitoring Unit may conduct fiscal monitoring site visits during the life of this project
Program Specific Requirements/Narrative
All work will be performed in accordance with the revised and approved project plans to be submitted to DOH.
Special Billing Requirements
Payment: Upon approval of deliverables and receipt of an invoice voucher,DOH will reimburse for actual allowable costs incurred. Billings for services on a monthly fraction of
the budget will not be accepted or approved.
Submission of Invoice Vouchers: The LHJ shall submit correct monthly A19-IA invoice vouchers for amounts billable under this statement of work to DOH by the 25th of the
following month or on a frequency no less often than quarterly.
Other: Required activities,deliverables,and funding is for the entire project period:June 1,2020 through April 22,2022. Unspent funds and tasks not completed by
December 31,2021 were reauthorized for work in this new consolidated contract term beginning January 1,2022. It is the LHJ's responsibility to assure that the unspent funding
amount carried forward to this statement of work does not exceed the remaining available balance from the 2018-2021 contract.
Exhibit A,Statement of Work Page 2 of 2 Contract Number CLH31019
Template September 2021
Exhibit A
Statement of Work
Contract Term: 2022-2024
DOH Program Name or Title: Emergency Preparedness.Resilience &Response- Local Health Jurisdiction Name: Mason County Public Health
PHEP-Effective January 1.2022
Contract Number: CLH31019
SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment
®Federal Subrecipient (check if applicable) Reimbursement
(Transparency ❑
Period of Performance: January 1.2022 through June 30.2022 El Other❑ State ® FFATA ( Development
p y Act)
Fixed Price
❑ Research&Develo ment
Statement of Work Purpose: The purpose of this statement of work is to establish funding and tasks to support and sustain LHJ public health emergency preparedness as part of
statewide public health emergency preparedness,resilience and response.
Revision Purpose: NA
Master Assistance BARS Allocation
LHJ Funding Period Chan e
Index Listing Revenue Current g Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation
FFY21 PHEP BP3 LHJ Funding 31102380 93.069 333.93.06 01/01/22 06/30/22 0 34,459 34,459
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 1 0
TOTALS 0 1 34,459 34,459
Task Deliverables/Outcom Due Date/Time Payment
# Activity es Frame Information
and/or Amount
1 Across Domains and Capabilities End-of-yearreport on June 30,2022 Reimbursement
template provided by for actua 1 costs
Complete reporting templates as requested by DOH to comply with program and federal grant DOH. not to exceed
requirements,including mid-year and end-of-yearreports. totalfunding
Additional reporting consideration
maybe required if amount.
federalrequirements
change.
2 Across Domains and Capabilities Submit any changes to Within 30 days of
contact information the change.
(submitted in 2021)
Exhibit A,Statement of Work Page 1 of 7 Contract NumberCLH31019
Template September2021
Task Deliverables/Outcom Due Date/Time Payment
# Activity es Frame Information
and/or Amount
2.1 Submit names,position titles, email addresses and phone numbers of key LHJ staff responsible within 30 days ofthe
for this statement of work,including management,Emergency Response Coordinator,and change. June 30,2022
accounting and/or financial staff.
End-of-yearreport on
2.2 Submit emergency contacts to be published in the confidential Yellow Book,including but not template provided by
limited to Administrator,Health Officer,and Emergency Response Coordinator.For each contact DOH. Note any
include name,role,email,daytime phone numberand after-hours phone number. changes or no change.
3 Across Domains and Capabilities DOH will maintain Upon request
documentation of site from DOH.
Participate in a site visit with DOH staff to discuss LHJ response capabilities,upon request from visit participation.
DOH. Site visit may be held virtually due to pandernic restrictions.
4 Across Domains and Capabilities Budget,using template Upon request
provided by DOH. from DOH.
Develop a budget demonstratinghow the LHJ plans to spend funds during this period of
performance,using a budget template provided by DOH.
Note:20%of the LHJ's annual allocation will be withheld until this requirement is met.Failure to
meet this requirement may result in DOH redirecting funds from the LHJ.
5 Across Domains and Capabilities End-o f-year report on June 30,2022
template provided by
Review and provide input to DOH on public health emergency preparedness plans developed by DOH.
DOH, upon request from DOH.
Input provided to DOH
upon request from
DOH.
6 Domain 1 Community Resilience End-of-yea r report on June 30,2022
Capability Community Preparedness template provided by
DOH.
Participate in emergency preparedness events(for example,trainings,meetings,conference calls,and
conferences)to advance LHJ,regional,or statewide public health preparedness. Documentation of
training available upon
request.
7 Across Domains and Capabilities End-of-year report on June 30,2022
template provided by
DOH/EPR anticipates many changes in the next months to years as we incorporate lessons learned DOH. Note training
from the COVID-19 response.In preparation forthese changes,the LHJ may use PHEP funding to and briefly describe
participate in training and/orleaming discussions in the following areas: key learning and any
• Adaptive Leadership resulting changes in
• Change Management practice and/orpolicy.
• Trauma-Informed Change Management
Exhibit A,Statement of Work Page 2 of 7 Contract NumberCLH31019
Template September2021
Task Deliverables/Outcom Due Date/Time Payment
# Activity es Frame Information
and/or Amount
• Outward Mindset
• Growth Mindset
• RacialEquityand/or Social Justice
• Community Resilience
• Related topics—prior approval from EPR required.
Note:Prior appmvalfrom DOH/EPR is required for any out-of-state travel.
8 Domain 1 Community Resilience End-o f-year report on June 30,2022
Capability 1 Community Preparedness template provided by
Connectwith new and/orexisting partners in order to develop working relationships thatpromote DOH. Briefly describe
capabilities,capacity and community resilience, including, but not limited to: connections,lessons
• Local and/or regional Emergency Manager(s). learned,and any
• Local and/orregionalhospitals. changesmade.
• Local and/orregional elected officials.
• Local and/orre ionalor anizationsthatworkwith vulnerable populations.
9 Domain 2 Incident Management End-of-year report on June 30,2022
Capability 3 Emergency Operations Coordination-Training &Exercise templateprovidedby
DOH.
Based on availability of training, participate in at least one Foundational Public HealthEmergency
Preparedness Training provided by region, DOH, DOH-contracted partner,or DOH-approved trainer
in person or via webinar.
Notes:
• This is one or more specific trainings coordinated by DOH.DOH will work with LHJ to
implement.
• Participation in an activation,exercise or real-world event may be considered additional training,
but does not take the place of the requirement to participate in at least one training as described
above.
10 Domain 2 Incident Management Participation in IPPW As requested by
Capability 3 Emergency Operations Coordination-Training &Exercise unless cancelled. DOH.
Participate in Integrated Preparedness Planning Workshop(IPPW) unless cancelled.The Workshop
is planned for January 2022.
1 1 Domain 2 Incident Management End-of-year report on June 30,2022
Capability Emergency Operations Coordination template provided by
DOH. Indicate that the
11.1 Provide immediate notification to DOH Duty Officer at360-888-0838 orhanalert cadoh.wa.aoov_ was done or that no
for all response incidents involving use of emergency response plans and/or incident command response incident
structures. occurred.
11.2 Produce and provide situation reports(sitreps) documentingLHJ activity during all incidents. 11.1 Notification to
Sitrep may be developed by the LHJ or another'urisdiction that includes input from LHJ. I DOH Duty Officer
Exhibit A,Statement of Work Page 3 of 7 Contract NumberCLH31019
Template September2021
Task Deliverables/Outcom Due Date/Time Payment
# Activity es Frame Information
and/or Amount
within 60 minutes of
activation.
11.2 Sitreps submitted
to DOH Duty Officer
12 Domain Incident Management End-of-year report on June 30,2022
Capability 3 Emergency Operations Coordination template provided by
DOH. Briefly describe
Complete or participate in After Action Reports(AARs) after each incident or exercise. key lessons learned
and changes made
Note:An AAR maybe completed part-way through an extended response,for example,COVID-19. and/orplanned—or
note that no AARs
were completed.
Submit AAR(s).
13 Domain Incident Management End-o f-year report on June 30,2022
Capability 3 Emergency Operations Coordination template provided by
DOH. Briefly describe
Convene a county Emergency Support Function(ESF) 8 AAR for COVID-19.Participants include, key lessons learned
but not limited to: and changes made
• Local Health Officer and/orplanned.Submit
• Public Health Official(s) AAR(s)•
• Emergency Manager
• Regional Health Care Coalition
• Local and regional hospitals
• Federally Qualified Health Center(s)if they are in your county
• Accountable Community of Health
• Emergency Medical Services Medical Program Director
• County Coroner or Medical Examiner
Notes:Follow Homeland Security Exercise and Evaluation Program(HSEEP) guidelines for process
and documentation.
• Include name,title,and organization of each participant in documentation(AAR).
• Outreach may need to be conducted to gatherinput from entities not able to participate in
an AAR meeting.
• This maybe completed part-way through the COVID-19 response
• This AAR may be used to meet therequirement above as well Task#12 .
14 Domain 3 Information Management End-of-year report on June 30,2022
Capability 4 Emergency Public Information and Warning-Communication template provided by
DOH.
Exhibit A,Statement of Work Page 4 of 7 Contract NumberCLH31019
Template September2021
Task Deliverables/Outcom Due Date/Time Payment
# Activity es Frame Information
and/or Amount
14.1 Participate in Monthly Public Health CommunicatorCall/Webinarby joining call/webinar
and/orfollowing information on the public health communicator online collaborative workspace(e.g.
Basecamp). 14.3 and 14.4Hotwash
14.2 Participate in at least one risk communication drill offeredby DOH between July 1,2021 and or After Action
June 30,2022.Drill will occur via webinar,phone and email.DOH will offer one in July 1 — Review(AAR) OR
December 31,2021 and one drill between January 1—June 30,2022. summary of
communication
14.3 Conduct a hot wash evaluating LHJ participation in the drill. activities and one
sample.
14.4 Identifyingand implementing communication strategies in real world incident will satisfy need
to participate in drill. Conduct a hot wash or After Action Review (AAR) evaluatingLHJ
participation in communication strategies during the incident.
If,the real-world event response is ongoing,LHJ may opt to conduct a hot wash or AAR evaluating
communication strategies to date OR include a summary of communication activities in mid-year
and/orend-of yearreports and one sample of communication.
Note:Participation in a real-world event may meet therequirement for 14.2, 14.3 and 14.4.
15 Domain 3 Information Management
Capability 6 Information Sharing
End-of-year report on
15.1 Maintain Washington Secure Electronic Communications,Urgent Response and Exchange template provided by June 30,2022
System(WASECURES) asprimary notification system. DOH.
15.2 Participate in DOH-led notification drills.
15.3 Conduct at least one LHJ drill using LHJ-preferred staff notification system.
Notes:
• Registered users must login quarterly at a minimum.
• DOH will provide technical assistance to LHJs on using WASECURES.
• LHJ may choose to use anothernotification system in addition to WASECURES to alert staff
durin incidents.
16 Domain 3 Information Management Provide EEIs upon Upon request.
Capability 6 Information Sharing request.
June 30,2022
Provide Essential Elements of Information(EEIs)during incident response upon request from DOH. Note in end-of-year
report that EEIs were
Note:DOH will request specific data elements from the LHJ during an incident response,as n eeded provided or none were
to inform decision makingby DOH and state leaders,as well as federal partnerswhen requested. I requested.
Exhibit A,Statement of Work Page 5 of 7 Contract NumberCLH31019
Template September2021
Task Deliverables/Outcom Due Date/Time Payment
# Activity es Frame Information
and/or Amount
17 Domain 4 Countermeasures and Mitigation End-of-year report on June 30,2022
Capability 8 Medical Countermeasures Dispensing template provided by
Capability 9 Medical Countermeasures Management and Distribution DOH.
Update and maintain Medical Countermea sure(MCM)Plans for LHJ and/orRegion. If there is a regional
plan,provide input to
Notes: the RERC.
+ MCM plans include numberof local distribution sites and numberforwhich a detailed point-to-
point distribution plan from RSS to distribution site has been j ointly confirmed by LHJ and DOH. Updated MCM plan
MCM plans include numberof local points of dispensing (PODs) and numberforwhich a detailed
point-to-point distribution plan from local distribution site to dispensing site hasbeenjointly
confirmed by LHJ and POD operator(nursing home,local agency,public POD, and independent
pharmacy).
• LHJs are not required to maintain a hub.LHJs may partnerwith other organizations to centralize
distribution.If LHJs opt to maintain a hub,this should be included in the MCM plan.
• DOH will providetechnical assistance toLHJs on core elements of an MCM plan.
18 Domain 5 Surge Management End-of-year report on .hint 30,2022
Capability 10 Medical Surge template provided by
DOH.
Engagementwith regional Health Care Coalition(HCC)
Participate in:
- Health Care Coalition(HCC)district meetings and/orinform RERC of jurisdictional input
(district meetings can be attended via webinar or in person),as requested by HCC Lead and
deemed appropriate by LHJ.
- Information sharingprocess during incidents and at least one planningprocess or exercise
conducted to inform on the roles and responsibilities of public health.
- Development of Disaster Clinical Advisory Committee(DCAC) meetings as appropriate.
May include identifying local clinical participants,attending meetings via webinar and
reviewing planning efforts.
Reviewing HCC plans for alignment with local ESF8 plans.
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other
finance-related inquiry,may be sent to financeadoh.wa.eov.
Federal Funding Accountability and Transparency Act(FFATA) (Applies to federal subrecipient funding.)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federalfunds are spent.
To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Univers al Numbering System(DUNS®) number.
Information about the LHJ and this statement of work will be made available on USASpend in g.gaX by DOH as required by P.L. 109-282.
Exhibit A,Statement of Work Page 6 of 7 Contract NumberCLH31019
Template September2021
Special Requirements:
Any sub contra ct/s must be approved by DOH prior to executing thecontract/s.
Submit deliverables to the Emergency Preparedness,Resilience &Response ConCon deliverables mailbox at concondeliverables a doh.wa.eov.unless otherwise specified.
Restrictions on Funds (Le.,disallowed expenses or activities,indirect costs,etc.):
Please reference the Code of Federal Regulations:
hti2s://www.ecfr.eov/cgi-bin/retrieveECFR?ep=l&SID=5 8 ffddb 5 3 63 a 27 f26e9d 12ccec462549&tv=HTML&h=L&m c=true&r—PART&n=pt2.1.200#se2.1.200 1439
Exhibit A,Statement of Work Page 7 of 7 Contract NumberCLH31019
Template September2021
Exhibit A
Statement of Work
Contract Term: 2022-2024
DOH Program Name or Title: fury&Violence Prevention Overdose Data to Local Health Jurisdiction Name: Mason County Public Health
Action-Effective September 1,2021
Contract Number: CLH31019
SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment
®Federal Subrecipient (check if applicable) ®Reimbursement
Period of Performance: JanuM 1.2022 through August 31,2022 ❑ State ®FFATA(Transparency Act) ❑Fixed Price
❑Other ❑Research&Development
Statement of Work Purpose: Mason County Public Health(MCPH)will support strategies 5,6,and 7.MCPH will collaborate and coordinate among public health partners to
establish seamless linkages to care via"warm hand-offs"between the various entities.MCPH will use existing partnerships and systems to engage the community,including
emergency medical services,emergency departments,jails,public safety,mental health and substance use treatment providers, diversion programs,courts,and syringe exchange.
It will build both client and agency awareness of existing resources,enhance those resources,and deploy technology to facilitate successful care linkage and coordination.
Note:Deliverable due dates prior to January 1,2022 in this statement of work are for reference only and were included in the 2018-2021 contract.
Revision Purpose: N/A
"IMPORTANT: It is inherent on the LHJ to have awareness of their respective 1/l/2022 carry-forward balance(s)based on expenditures through 12/31/2021 for continuing
statements of work(SOWs). The funding for this 2022-2024 contract SOW is to be determined(TBD)and currently shows'None"in the funding table—intended as a
placeholder only. The total allocation of$58,630 was awarded in the 2018-2021 SOW and will be adjusted and added in the next 2022-2024 amendment cycle based on the actual
amount of unspent funds after closeout of the current contract ending 12/31/2021.
Master Assistance BARS Allocation
LHJ Funding Period Chan e
Index Listing Revenue Current g Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation
FFY21 OVERDOSE DATA TO ACTION PREV 77520271 93.136 333.93.13 01/01/22 08/31/22 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 0 0 0
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
1 Strategy 5: Collect and analyze opioid response plan data. Progress Report:Report data,findings and Quarterly progress reports Monthly invoices for
Conduct continuous quality improvement on the opioid analysis.Demonstrate how data informs to DOH for all tasks. actual cost reimbursement
response plan and system.Data is collected on all response Mason County linkages to care and opioid will be submitted to
activities in Mason County.This includes outreach events, response plan activities.Demonstrate how Due Dates: DOH.
trainin s,naloxone distribution,overdoses,provider reports etc.
Exhibit A,Statement of Work Pagel of 3 Contract Number CLH31019
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
This data is utilized to inform quality improvement for the work aligns with Overdose Data to Action September-November due Total of all invoices will
community referral and linkage system. (OD2A)logic model. December 10,2021. not exceed$50,000
December-February due September 1,2021 -
2 Strategy 6:Conduct continuous community education on Progress report:list training dates, March 10,2022. August 31,2022.
opioid and other substance use risks and treatment resources locations,attendance and objective of March-May due June 10,
through group and individual trainings,outreach activities at trainings;lessons learned and successes 2022. (See Special Billing
transit center,shelters,jail,syringe exchange,mobile outreach, with outreach,education and linkages to June-August final report Requirements below.)
Quick Response Team,to link individuals to care. care.Are there procedures or policies that for this funding period due
MCPH has developed?Demonstrate how September 30,2022.
work aligns with OD2A logic model.
3 Strategy 7:Facilitate academic detailing opportunities for Progress report:list opportunities,#of
primary care providers on safe opioid prescribing,overdose trainings,outcomes,changes in
prevention and buprenorphine-based medication-assisted prescribing and any new waivered
treatment(MAT).Academic detailing will also include prescribers as an outcome of these
education on hepatitis C virus(HCV)treatment or other drug opportunities. Demonstrate how work
user health complications. aligns with OD2A logic model.
4 Participate in quarterly calls with DOH and grant partners. Collaboration with grant partners and
Share lessons learned and successes.More frequent one on one DOH to improve statewide efforts to
calls with DOH when needed. address the opioid/all drug a idemic.
DOH Program and Fiscal Contact Information for all ConCon SOWS can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other
finance-related inquiry,may be sent to finance@doh.wa.gov.
Federal Fundine Accountability and Transparency Act(FFATA)(Applies to federal grant awards.)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number.
Information about the LHJ and this statement of work will be made available on USASpending_gov by DOH as required by P.L. 109-282.
Program Specific Requirements
Restrictions on Funds:
• Subrecipients may not use funds for research.
• Subrecipients may not use funds for clinical care except as allowed by law.
• Subrecipients may use funds only for reasonable program purposes,including personnel,travel,supplies, and services.
• Generally,subrecipients may not use funds to purchase furniture or equipment.
• No funds may be used for:
o Publicity or propaganda purposes,for the preparation,distribution,or use of any material designed to support or defeat the enactment of legislation before any
legislative body the salary or expenses of any grant or contract recipient,or agent acting for such recipient,related to any activity designed to influence the enactment
of legislation,appropriations,regulation,administrative action,or Executive order proposed or pending before any legislative body.
Exhibit A, Statement of Work Page 2 of 3 Contract Number CLH31019
o In accordance with the United States Protecting Life in Global Health Assistance policy,all non-governmental organization(NGO)applicants acknowledge that
foreign NGOs that receive funds provided through this award,either as a prime recipient or subrecipient,are strictly prohibited,regardless of the source of funds,
from performing abortions as a method of family planning or engaging in any activity that promotes abortion as a method of family planning,or to provide financial
support to any other foreign non-governmental organization that conducts such activities. See Additional Requirement(AR)35 for applicability
(h"ps://www.edc.gov/g_rants/add itionalrequ irem ents/ar-3 5.htm l).
o Program funds cannot be used for purchasing naloxone,implementing or expanding drug"take back"programs or other drug disposal programs(e.g.drop boxes or
disposal bags),or directly funding or expanding direct provision of substance abuse treatment programs. Such activities are outside the scope of this Notice of
Funding Opportunity(NOFO).
Monitoring Visits:
DOH program staff may conduct site visits up to twice per funding year.
Billing Requirements:
Billing on an A19-IA invoice voucher must be received by DOH monthly.A new consolidated contract will begin Jan. 1,2022 with funds left from this contract.
Special Instructions:
The following funding statement must be used for media(publications,presentations,manuscripts,posters,etc.)created using OD2A funding:
This publication(journal article,etc.)was supported by the Grant or Cooperative Agreement Number,NU17CE925007,funded by the Centers for Disease Control and Prevention.
Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Centers for Disease Control and Prevention or the Department of
Health and Human Services.
Other:These funds are a continuation of contract CLH18253.No new funds were added to original total.A March 2022 amendment will be created to consolidate unspent funds
from the previous OD2A contract with this contract.
Exhibit A, Statement of Work Page 3 of 3 Contract Number CLH31019
Exhibit A
Statement of Work
Contract Term:2022-2024
DOH Program Name or Title: Office of Immunization Perinatal Hepatitis B- Local Health Jurisdiction Name: Mason County Public Health
Effective January 1,2022
Contract Number: CLH31019
SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment
®Federal Subrecipient (check if applicable) Reimbursement
❑ State ®FFATA(Transparency Act ❑Fixed Price
Period of Performance: January 1,2022 through June 30,2022 Other ( Development
p y )
❑ ❑Research&Develo ment
Statement of Work Purpose: The purpose of this statement of work(SOW)is to define required Perinatal Hepatitis B activities,deliverables,and funding.
Revision Purpose: N/A
**IMPORTANT: It is inherent on the LHJ to have awareness of their respective 1/1/2022 carry-forward balance(s)based on expenditures through 12/31/2021 for continuing
statements of work. The funding for this 2022-2024 contract statement of work(SOW)is to be determined(TBD)and currently shows"None"in the funding table—intended as a
placeholder only. The total allocation was obligated in the 2018-2021 contract SOW and will be adjusted and added in the next 2022-2024 amendment cycle based on the actual
amount of unspent funds after closeout of the contract ending 12/31/2021.
Master Assistance BARS Allocation
Index Listing Revenue LHJ Funding Period Current Change Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation
FY22 PPHF O s 74310216 93.268 333.93.26 01/01/22 06/30/22 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 0 0 0
Task Activity Deliverables/Outcomes Due Date/Time Payment Information
# Frame and/or Amount
1. In coordination with hospitals,health care providers,and health plans(if applicable), Enter information for each By the last day Reimbursement for
conduct activities to prevent perinatal hepatitis B infection in accordance with the case identified into the of each month actual costs incurred,
Perinatal Hepatitis B Prevention Program Guidelines,including the following: Perinatal Hepatitis B not to exceed total
• Identification of hepatitis B surface antigen(HBsAG)-positive pregnant women and module of the Washington funding consideration
pregnant women with unknown HBsAg status. Immunization Information amount.
• Reporting of HBsAg-positive women and their infants. System
• Case management for infants born to HBsAg-positive women to ensure
administration of hepatitis B immune globulin HBIG and hepatitis B vaccine within
Exhibit A, Statement of Work Page 1 of 2 Contract Number CLH31019
Template September 2021
Task Activity Deliverables/Outcomes Due Date/Time Payment Information
# Frame and/or Amount
12 hours of birth,the completion of the 3-dose hepatitis B vaccine series,and post
vaccination serologic testing.
2. Provide technical assistance to birthing hospitals to encourage administration of the
hepatitis B birth dose to all newborns within 12 hours of birth,in accordance with
Advisory Committee on Immunization Practices(ACID)recommendations.
3. Report all perinatal hepatitis B investigations,including HBsAg-positive infants,in the
Perinatal Hepatitis B Module of the Washington State Immunization Information System.
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other
finance-related inquiry,may be sent to finance@doh.wagov_.
Federal Funding Accountability and Transparency Act(FFATA)(Applies to federal subrecipient funding.)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number.
Information about the LHJ and this statement of work will be made available on USASpendinggov by DOH as required by P.L. 109-282.
Program Saecific Requirements
Tasks in this statement of work may not be subcontracted without prior written approval from the Office of Immunization.
Exhibit A, Statement of Work Page 2 of 2 Contract Number CLH31019
Template September 2021